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debbie6649
03-23-2014, 12:25 AM
can anyone help? My ex husband died 2013 and I have not lived in the villa for 8 years i moved back to UK. I now have the spanish bank wanting me to pay inheritance tax on the villa how do i stand legally on this seeing as we got divorced years ago

Patricia
03-25-2014, 02:47 PM
Dear Debbie6649,

I believe that an inheritance process has taken place declaring the property has been inherited by you, and you accepted it, as otherwise the bank would not be in a position to claim Inheritance costs. Anyhow, the entity to claim the Tax payment is not the bank, but the Tax Office. The bank has, nevertheless, the obligation to retain and block the funds available in the name of the deceased until the Inheritance tax payment receipt has not been provided.

If you left the property 8 years ago but the deeds still remained in both your names, and the Inheritance Law that was considerd after your husbamd´s demise was the Biritsh one, the property is inherited by you as the UK Law so considers it by default unless a Will had stated the contrary.

I suggest you send us the documentation related to the debt the bank claims so we can check and confirm that the tax they claim is legitimate.

Regards,