Ángel Nanclares Valle, dean of the College of Notaries of Euskadi, points out that Bizkaia society is not aging in the traditional sense, but rather people are reaching advanced ages in better conditions. Evidence of this is the constant increase in succession-related acts, many of them executed during life, registered in Bizkaia notaries.
Nanclares explains that older individuals are clear about wanting to "tie up all loose ends" regarding their inheritance. They seek to ensure succession aligns with their wishes and, crucially, to prevent future disagreements among their children. In this context, beyond the traditional will, the succession pact is gaining strength, allowing for the "present and future situation to be secured."
“"The succession pact favors family cohesion, intergenerational support, and that is why more and more are being signed."
The dean of notaries emphasizes that, although traditionally it has been "uncomfortable" to address these issues due to their potential interpretation as a farewell gesture, more and more notarial acts of this type are being carried out. Nanclares, whose office is in Barakaldo, states that people leave with the "peace of mind of having done what they should and, above all, what they wanted to do."
Behind this phenomenon is a biological basis: there are increasingly more elderly people, and more of them are reaching their eighties and nineties in good health. Nanclares recalls that when he started working in 1995, it was "unusual" for someone over 80 to appear at a notary's office.
There is also a financial aspect to the surge in interfamily acts, especially in succession pacts. Lifetime donations are taxed at 1.5% in Bizkaia, but succession pacts benefit from the bonuses established for inheritances. "The transfer of assets or funds from parents to children is a phenomenon that is becoming more common," he notes.
The succession pact, although already present in Basque law, has gained momentum since the Basque Civil Law Act of 2015. While there was some practice in Bizkaia, it was an unfamiliar concept in Gipuzkoa and Araba. Now, it has seen a surge across the entire CAV. Although specific territorial statistics are unavailable, the "dynamic is perceived with increasing force," according to the dean.
Tax exemptions also apply. For instance, the sale of a primary residence by a seller over 65 years old is exempt from capital gains tax. Direct descendants, in turn, are exempt from declaring to Hacienda if the inheritance does not exceed 400,000 euros.
Data is available for other succession-related acts, such as general powers of attorney and lifetime donations. Statistics from the Notarial Council include documents signed up to the third quarter of 2025. Between January and September of last year, 3,852 general powers of attorney were granted in Bizkaia, nearly 250 more than in the same period of 2024, which set a historical record with 5,021 documents. As for donations, 1,191 were made up to September last year, slightly above 2024 figures. These dynamics reflect a paradigm shift in succession relationships between parents and children.




