Spanish Property Law

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Home.
Spanish Inheritance Tax.
Spanish Wills & Probate.
Spanish Inheritance Tax FAQs .
Other Spanish Legal Services.
Contact.
UK HQ: 07808 932559
info@spanish-inheritance-tax-law.co.uk
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Spanish Wills & probate...why you need a UK and a Spanish Will...

You own Spanish property and you also have an up-to-date Will in the UK detailing how you would like to distribute your UK and Spanish assets, including properties, bank accounts, cars, personal belongings etc when you pass away. So you would think that you had got everything covered, right..?

 

Well, actually you may be wrong! When you own a property and other associated goods and chattels in Spain as well as the UK (or country of your origin), it’s not sufficient to simply detail what is going to happen with your Worldwide estate when you pass away in a UK Will alone. The loved ones of those with only a UK Will may be in for a complicated and drawn out process to handle the Spanish Inheritance Tax and Spanish Inheritance Laws system if there is also an estate to be distributed in Spain.

 

 

Our dual Wills provide you & your loved ones with peace of mind...
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Whilst it’s true that the law of the country where a Testator (person(s) making the Will) is classed as fully Resident is the law that will govern the disposal of any assets, it is still strongly advisable to prepare a Spanish Will solely relating to the properties, chattels and goods in Spain in order to hasten the international private law procedure and avoid unnecessary bureaucracy after death. Here’s why:

 

1. If you are still classed as a) fully Resident in the UK or another part of the World, b) you have a Will made in the country of your Residency and c) your own national law allows free choice as to how you distribute your estate, then you can freely dispose of your Spanish assets in whichever way you choose.  For simplicity this just means that if you are British then you can leave your Spanish property to whomever you choose.

 

2. However, if you only have your wishes regarding your Spanish affairs recorded in a UK Will then those executing the Will and inheriting your Spanish interests may be faced with the additional bureaucracy, stress and financial costs of having to involve Official Translators, The Foreign Office, High Court of Justice and Lawyers to obtain the Grant Of Probate before the Will can be executed. Copies of the Death and sometimes the Birth and Marriage Certificates are also required, and these will also require translating. The entire process can be very lengthy and it is critical to remember that Spanish Inheritance Tax must be paid within 6 months of a loved one passing or else additional financial penalties will be incurred. This is clearly an additional stressful pressure for those you leave behind to be put under at what is already a very difficult time. It also delays the Spanish Inheritance process, meaning the transfer of ownership of your Spanish property cannot take place as quickly as you may have liked or may be necessary.

 

 

Using the dual Wills service from Spanish Property Law makes the complex
uncomplicated....use our request form opposite to receive FREE tailored advice.
No Will at all? Your Spanish property could be automatically
subject to Spanish Law  & the Compulsory Heirs Law
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...
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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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