PRACTICE AREAS

Will and Inheritance

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If you are staying in Spain for any length of time or own an asset in Spain, then it is vital that you understand how that will affect you. This process determines how assets are transferred to heirs, whether or not a will exists. If there’s a will, the heirs are bound by its instructions, unless it infringes on mandatory heir rights. If there’s no will (intestate), the assets are distributed according to Spanish law. Speak to our teamto find out more about wills and inheritance laws in Spain.

Identifying the Deceased’s Assets and Heirs

A Spanish lawyer can help identify the deceased’s assets in Spain, including real estate, bank accounts, and investments.
Heirs are identified based on the will (if one exists) or by Spanish laws of intestate succession.

Deed of Inheritance

This document formally transfers ownership of the deceased’s assets to the heirs.
It is typically signed before a Notary Public.

Will

If a will exists, it outlines how assets should be distributed and may name an executor or legal representative.
If there’s no will, the assets are distributed according to the laws of intestate succession.

Spanish Intestacy

If there’s no will, the deceased’s assets are typically inherited by their spouse, children, or parents in a specific order.
A certification from the appropriate authority in the deceased’s home country (if applicable) stating who the heirs are under their laws, apostilled, may be needed.

Inheritance Tax

Inheritance tax must be paid before assets can be sold or transferred.
There are tax-free allowances for beneficiaries, depending on their relationship to the deceased.

Legal Assistance

We have a great deal of experience in Spanish probate to handle the process, especially if there’s no will or if the estate is complex.
Power of attorney can be given to a lawyer to act on behalf of the beneficiaries if they are not in Spain.

Other Considerations

Heirs may need to notify the Community of Owners if the property is part of one.
They may need to open a bank account in Spain to manage the property.
A Spanish lawyer can assist with selling the property if desired.