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If you or a loved one dies intestate in Spain, without a Will in both your country of Residency or Spain, then your Spanish property and estate could be subject to the Compulsory Heirs Law. This is when Spanish Inheritance Law becomes automatically applicable and yours or your loved ones estate is divided between your/his/her children (who are classed as compulsory heirs). This clearly may present additional emotional upset for those you leave behind.
You may be in a second marriage or relationship and wish to leave your partner/husband/wife or children from your second marriage property or other elements of your Spanish estate. If you die without any Will then you need to be aware that the Spanish Law of Obligatory Heirs (Ley de Herederos Forzosos) automatically distributes 66% from the inheritance to your immediate kith and kin, starting with children. This means that your wife/husband/partner or children from a second marriage may not inherit your full estate as you may currently wish or assume would automatically happen as in the UK. It is a complex Law and our Spanish Lawyers may be able to suggest ways to mitigate it’s effect.
Don’t delay, ensure your wishes are followed today...
It is all too easy to delay or ignore far off events such as planning for our own demise. After all there are usually more enjoyable matters to focus upon such as living! Many people without a Will say that they do intend to get around to arranging one, yet the sad fact remains that many still end up dying with no Will ever having been put into place! Figures from 2009 show that 295,103 people died in testate in the UK, which is 60% of all deaths recorded that year. This figure remain relatively unchanged year on year. It is highly probable that in many of these cases, if there was Spanish property involved, the Spanish Law of Obligatory Heirs will have been applied.
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