Differences between disclaiming and accepting an inheritance in Germany and Spain

If you are faced with an inheritance case in which the inheritance assets are divided between two countries, Spain and Germany, it is often initially unclear for the heirs whether German or Spanish law is applicable.

The first thing you need to pay attention to is the deadlines for disclaiming the inheritance. According to German law, the disclaiming or renouncing must take place within the first six weeks of becoming aware of the inheritance, otherwise the inheritance is deemed to have been accepted. A special deadline applies if the testator's last place of residence was abroad or if the heir was abroad on the date of death. If the deadline expires without the inheritance being waived, it is automatically deemed to have been accepted.

Spanish law, on the other hand, does not generally set a deadline for accepting or waiving the inheritance. The heirs can both disclaim and accept the inheritance at any time. In contrast to German law, however, the settlement of a Spanish inheritance requires a so-called acceptance of inheritance, i.e. an express declaration by the heirs that they wish to accept the inheritance.

Do you have any questions about the deadlines for disclaiming or accepting the inheritance? Contact us and we will inform you about the deadlines that apply to your case.