Inheritance & Family Law

Inheritance & Family Law

LANDER Legal, Civil Law Notary & Accounting Services offers counseling and judicial and extrajudicial solutions for scenarios of various kinds and different levels of complexity related to Inheritance and Family Law.

This field encompasses relationships between spouses or civil partners, their relationship with their children and their assets within a complex regulatory framework like a divorce process, processes for the recognition or dissolution of a civil partnership, the process for the dissolution and liquidation of the marital partnership, custody and visitation proceedings regarding minor children and adolescents, travel authorizations, relocation abroad and return of children.

LANDER Legal, Civil Law Notary & Accounting Services is specialized in Inheritance Law and offers assistance and counseling throughout the probate proceedings and distribution:

  • Court-ordered inventory and estimation of assets. 
  • Inventory monitoring process. 
  • Recumbent inheritance proceedings.

Steps of the Probate Proceedings:

Preliminary Step:

  1. Obtaining certified copies of vital records certificates. In the case of certificates issued abroad, these shall be apostilled.
  2. Obtaining the certificate from the Register of Wills.
  3. Apostilled power of attorney, if necessary, with intervention by a civil law notary in Uruguay.
  4. Study of the title deed of the property (copy).
  5. Determination of cadastral value of the probate assets for tax liquidation purposes.

Court Process:

  1. Request for beginning of probate proceedings at court.
  2. Publication of legal notices of summons to interested parties in the Official Gazette and another paper in the respective location, during 10 working days, and submission of evidence thereof before Court.
  3. Request of declaration of beneficiaries and making up of list of assets.
  4. Preparation of formal estimated inventory at court, in the presence of all beneficiaries (or their legal representatives) for the determination of the assets and/or debts of the decedent.
  5. Court resolution of declaration of beneficiaries, considering the list of assets; a certificate is issued with the outcome of the proceedings —CRA, as per its Spanish acronym— (by a civil law notary designated by the parties, a faster solution than waiting for its issuance by the Court Clerk Office).
  6. Estimated duration of the probate proceedings (court phase): 4-6 months, notwithstanding the possibility of potential dilations in the event of the slowdown of the activities of the Judicial System due to the health emergency status on account of the Covid-19 pandemic and/or any court occurence or should the proceedings end up in litigation.
  7. Tax on Property Conveyances: Apart from the judicial process, before one year has elapsed since the death of the decedent, the Tax on Property Conveyances (ITP, as per its Spanish acronym) must be paid, this tax adding up to 2 % of the cadastral value of the property, adjusted for inflation according to the IPC (National Price Index).

Registration Process 

  1. Registration of the CRA with the corresponding Registry. For this purpose, evidence of payment of the Tax on Property Conveyances must be provided and the affidavit must be submitted before the National Tax Authority.

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