Contest a Will in Spain

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Superb responsiveness via Whatsapp - available at all hours. Has been advising on a high pressure probate matter, handling the various aspects in Spain while keeping us fully updated. Gave the right advice on a number of important strategic questions. Would very happily recommend him.

Benjamin Weland
17 May 2024

Service Details

Contest a Will

This service is available across Spain

Who Can Benefit from this Service?

The service of contesting a Will in Spain is for anyone who believes they have been unjustly treated or omitted in a Will.
Usually these are family members or dependents who feel the testament does not reflect the testator's true intentions or is invalid due to undue influence, fraud, or incapacity.
In addition, in Spain, a child of the deceased may have a right to a portion of the estate in a system known as forced heirs, and any failure to inherit the minimum portion assigned by law, could give rise to a right to contest the Will.
The problems faced often revolve around navigating the complex legal terrain, emotional stress, and potential family discord.
Our service aims to alleviate these issues by providing expert legal guidance, managing the entire contestation process, and striving for a fair resolution that honours the true wishes of the deceased.

Prerequisites

To avail of this service, the client should have a legitimate interest or claim against a Spanish Will.
Spanish law does not impose nationality restrictions on who can contest a Will, making this service accessible to both residents and non-residents.

Procedure: Our Approach

The procedure to contest a Will in Spain begins with an in-depth analysis of the testament and the circumstances surrounding its creation.
Following this, a legal claim is prepared and filed in the competent court.
The process may involve negotiations with other parties, gathering and presenting evidence to support the claim, and attending court hearings.
Throughout the procedure, our legal team will maintain close communication with the client, ensuring they are well-informed and prepared for each stage of the legal journey.

Benefits - Why Choose Our Service

By contesting a Will successfully, clients can achieve justice and a fair distribution of the estate as per the true wishes of the deceased. This not only provides financial relief but also emotional closure.
Additionally, our proficient handling of the case minimises stress, saves time, and potentially preserves familial relationships by seeking amicable resolutions when possible.

Key Features of this Service

Initial Consultation: Understanding your concerns, reviewing the will and related documents.
Legal Analysis: Evaluating the validity of the Will and identifying grounds for contestation.
Claim Preparation: Drafting a robust legal claim to contest the Will.
Filing and Representation: Filing the claim in court and providing diligent representation throughout the proceedings.
Evidence Gathering: Collecting necessary evidence to support the client's claim.
Negotiations: Engaging in negotiations with other parties to seek a fair resolution.
Court Hearings: Attending and arguing the case in court hearings.
Regular Updates: Keeping you informed at every step, ensuring a transparent process.
Final Resolution: Achieving a satisfactory resolution, whether through a court verdict or a settlement.

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include: