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Unregistered
08-24-2010, 08:39 PM
On the 1st September 1997 my father bought a property in Spain for approx £50,000. It is now worth considerably more. My father and mother were both divorced at the time and he has since gone on to re marry.

My mother lives in the property in Spain and is resident there, she has never re married. My father has never lived there and has no issues with my mother being in the property.

My father lives in England with his new wife, has no intention of ever going to Spain.

He has completed 2 wills, one in England that I know no details off which deals with his English estate and a second which was completed by a notary in London and has been registered in Madrid which deals with the Spanish property.

The "Spanish will" leaves the Spanish property in equal shares to my sister who also lives in Spain and is resident there and myself. I do not live in Spain, I live in England and for the main always have. The will has a stipulation in it that my mother retains the right to live there rent free throughout her lifetime.

Whilst I know my father has appointed an executor for his English will he has not for the Spanish side of things.

My question is this, when the day comes where do I stand with regards inheritance tax, not being a Spanish resident (my sister has told me I will need a niff number?), and executing this Spanish will. Will I be taxed by both Spain and the UK as I am sure the property in Spain would put his estate into a higher tax category.

My father has mentioned inheritance tax to me and I have heard so many horror stories about it. I don't have thousands of pounds to pay this sort of thing and don't see myself being able to save that much in the future. My fear is that the day will come and the Spanish authorities will put some sort of embargo on the house which will prevent people from living there, something which will cause my mother alot of anguish.