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[BUSINESS] · Spain · 13 sources

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Spain inheritance renunciations rise due to debt fears

In Spain, the number of people renouncing inheritances has seen a significant upward trend, rising from approximately 37,625 in 2015 to around 55,000 annually since 2021. Data from the General Council of the Notary indicates that roughly one in six inheritances is now rejected.

Contrary to common public perception that high inheritance taxes drive these renunciations, legal experts and notary spokespersons suggest that the primary cause is the fear of inheriting debt, often referred to as a ‘black inheritance’. In regions like the Valencian Community, where tax benefits for direct family members are high, renunciations remain frequent due to these liabilities.

To mitigate the risk of being personally liable for a deceased person's debts, experts recommend accepting an inheritance ‘under the benefit of inventory’. This legal mechanism ensures that any debts are settled only using the assets of the estate, protecting the heir's personal wealth.

Entities

Carmen Pérez-Pozo · Consejo General del Notariado · María Cristina Clemente · María Teresa Barea · Penadés Abogados · Vicente Penadés