Spanish inheritance laws.

This Forum is the main messageboard to discuss all things Claret and Blue and beyond
Post Reply
No Ney Never
Posts: 2767
Joined: Mon Jan 25, 2016 10:31 pm
Been Liked: 915 times
Has Liked: 335 times

Spanish inheritance laws.

Post by No Ney Never » Sat Jul 29, 2017 5:59 pm

It's regarding inheritance of a apartment in Spain.
I live and work in the UK. It is only used for holidays.
Does there need to be a separate will made in Spain to cover this property or can it be included in the one made in the UK?
Does Spanish law have any defaults, such as the eldest child automatically inherits the property?
Which inheritance laws take precedent, the country that the property is in (Spain) or the country where the person lives (uk)?
I am trying to find out a few basics before having to fork out for detailed legal advice. If anyone has experience of this to share, it would be most appreciated.

FactualFrank
Posts: 25445
Joined: Sat Mar 26, 2016 12:46 am
Been Liked: 6930 times
Has Liked: 11660 times
Location: Leeds

Re: Spanish inheritance laws.

Post by FactualFrank » Sat Jul 29, 2017 6:05 pm

ISD I think it is in Spain. I think you'll need to pay tax in Spain, but I'd probably Google it, you're bound to find more information and quicker information that way.
Last edited by FactualFrank on Sat Jul 29, 2017 6:07 pm, edited 1 time in total.

Costadelsolclaret
Posts: 13
Joined: Sun Jan 31, 2016 12:50 pm
Been Liked: 2 times
Has Liked: 8 times

Re: Spanish inheritance laws.

Post by Costadelsolclaret » Sat Jul 29, 2017 6:07 pm

Hola , I've found the citizens advice bureau Spain via Facebook
Has podcasts etc on various subjects but correct info rather than expert ex pats

IndigoLake
Been Liked: 1 time
Has Liked: 938 times

Re: Spanish inheritance laws.

Post by IndigoLake » Sat Jul 29, 2017 6:09 pm

Definitely worth Googling it as there are some good resources out there. What I do know is that anything regarding any red tape is ridiculously complicated in Spain. They're still way behind on the times.

9thMay1987
Posts: 283
Joined: Thu Jan 21, 2016 10:18 am
Been Liked: 70 times

Re: Spanish inheritance laws.

Post by 9thMay1987 » Sat Jul 29, 2017 6:46 pm

1. It is much better if you have a Spanish will. A Spanish will made with a Spanish lawyer is more expensive, kept in Madrid and cannot be "lost" as some UK wills are when someone is no more.

2. Spanish legal system, unlike UK, does not pass property on automatically when someone is deceased. There are costs involved e.g if a joint will and the husband dies, the wife is then charged a % land value from the Suma ( council tax) for taking over the deceased part of the property. I know someone with a property with lots of land where the wife was charged 18K euros before she could take over her own property when her husband died.

Colburn_Claret
Posts: 9080
Joined: Thu Jan 21, 2016 4:30 pm
Been Liked: 3432 times
Has Liked: 5659 times
Location: Catterick N.Yorks

Re: Spanish inheritance laws.

Post by Colburn_Claret » Sat Jul 29, 2017 6:55 pm

I know from experience when my mother died. The government take about 25% of the value in taxes. It was a while ago but I doubt it's changed much.
It's definitely better to have a Spanish will, it saves a lot of complications. If you ever feel unwell, sell up quick, it will save a lot of paperwork.
Spanish solicitors are very good at keeping you out of the mire, bending the law is second nature to them, they don't look at things like that the same as we do here, it's the normal way of life to them.

Blackrod
Posts: 5114
Joined: Tue Jan 26, 2016 12:41 pm
Been Liked: 1348 times
Has Liked: 608 times

Re: Spanish inheritance laws.

Post by Blackrod » Sat Jul 29, 2017 7:40 pm

Avoid a U.K. Solicitor who professes to be an expert on Spanish Property Law unless you like being ripped off.

Post Reply