British dying in spain without a will - 2nd marriage

[Sophie7984]

Our mother died two years ago in Spain. Without a will. She had remarried. All her assets were
based in Spain with the exception of her company pension. We are unclear of what laws we should follow and have had mixed feedback.
Are you able to provide some indication ?

Sophie

[Patricia]

Hello Sophie,

If your mother died in Spain and only owned Estate located in Spain, Spanish Inheritance Law has to be applied. As she had not left a will, an Intestado Estate Transfer process would need to take place. According to our Law, the legitimate heirs of a deceased person are his/her children in the first place, then the parents, siblings and spouse. Each province has its specific regulations in relation to Inheritance tax and the exemptions to be applied, so each case has to be studied individually.

I recommend you to read the article on free testamentary disposition, published on this website by Antonio Flores, that explains the right Law to be applied in this case.

If you wish you can contact me by e-mail ( you will find the details after clicking on my profile ) and we can discuss your particular case.

Regards,