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Unregistered
02-23-2010, 06:23 PM
Hi, my husband recently passed away intestate. He owned a property jointly with a friend, does the ownership of that property automatically pass to me or his friend?

Thanks. Helen

Lawbird Lawyer
02-23-2010, 06:30 PM
Dear Madam,

In such a case, Intestacy rules apply on his Spanish estate.

Which is exactly why I always recommend that foreigners make, besides their own national Wills, a Spanish Will so as to avoid these problems.-

Spanish Inheritance Tax: Advantages of Making a Will in Spain (http://www.marbella-lawyers.com/articles/showArticle/spanish-inheritance-tax-spain-iht) - 3rd September 2009

The property would not be passed on to the joint owner (his friend) under Spanish Law.

Do you both have children, descendants?

Does your late husband have living parents, ascendants?

Yours faithfully,
Raymundo LarraĆ*n Nesbitt