Applicable Inheritance Law to Estate Located in Spain

[James]

This is the discussion thread for the article Applicable Inheritance Law to Estate Located in Spain

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My father and mother were jointly named on a propety in Spain currently worth 130,00 euros. My father recently died. Can anyone tell me how much inheritrence tax my mother will have to pay? My father had a spanish will that left everything to my mother.

Thanks

[sylvia]

my mother left her home in her will in Spain cadiz, will i have to pay inheritance tax even i am her daughter?

[Lawbird Lawyer]

Dear Madam,

Yes you are personally liable to pay Spanish Inheritance Tax.

However there are applicable tax allowances if you are resident in Andalucía which may bring the tax bill to zero:

Spanish Inheritance Tax: Advantages of Making a Will in Spain - 3rd September 2009

As an example, such would be the case of Inheritance Tax in Andalucía in which beneficiaries, resulting from a death occurred after the 7th of June 2008, may benefit from the following regional tax allowances:

•Reduction of 99.99% in the IHT taxable base on inheriting the family home (deaths occurred since the 1st January 2003). This requires the beneficiaries being resident in Andalucía.

•Reduction of 99% in the IHT taxable base on those inheriting a business providing certain conditions are met.

•No IHT paid on theeEstate itself on compliance with certain requirements (i.e. inheritance taxable base < €175,000, heirs are next of kin or spouse, heirs pre-existing wealth < €402,678.11).

•No IHT paid by physically handicapped (disability above 33%) with a taxable base < €250,000.

Yours faithfully,
Raymundo Larraín Nesbitt

Yours faithfully,

[ryan]

my father is living in spain married to his third wife he is aged 83 and not in good health we do not have much contact with him and were wondering what would happen when he does die and how to sort everything out can you help please

[ryan]

my father is living in spain married to his third wife he is aged 83 and not in good health we do not have much contact with him and were wondering what would happen when he does die and how to sort everything out can you help please

[Lawbird Lawyer]

Dear Ryan

That will pretty much depend on to whom does your father bequeaths his Spanish estate to.

British and Irish citizens, in accordance with their own national laws, have free testamentary disposition meaning they can bequeath their estate to whomever they please without being constrained by forced hership rules that apply to Spanish nationals. This is the general rule.

Notwithstanding the above general rule, the fine nuances that spice up life can be found in this blog post:

• Free Testamentary Disposition for UK Citizens: Only if You Own Property in the UK - 22nd October 2008

Yours sincerely
Raymundo Larraín Nesbitt

[James]

Hi, My father passed away earlier this year, leaving behind a huge fortune in the uk, to his 2nd wife who has now as suspected done a runner having got him to change his will from his hospital bed. My last hope as his only son and heir is his property in Spain. worth in the region of 2,000,000 euros. How to I go about viewing his Spanish will if he drew one up, and in turn how can i make a claim on the property if forcible heir inheritance law can be applied?

[lawbird]

Hi James,

In Spain, there is a registry that can be searched for in order to find out whether your father has granted any Spanish Wills before a Public Notary in the last few decades. If this was so, we could then obtain a copy of this will from the Notary and have this reviewed in order to ascertain your entitlement.

Whether Spanish or English Law applies to your case, will depend on the particular circumstances and facts. Spanish Law establishes that the Applicable Law to the distribution of the estate is determined by the nationality of the deceased. However, there are certain circumstances under which Spanish Law can and will apply nonetheless.

Our "Estate transfer to heirs" service includes:

* Requesting of copies of the Death Certificate, in the event that the death took place in Spain.
* Requesting of a Will Certificate information and location from the Central Registry of Wills in Madrid.
* Obtaining of the Will from the Notary Public where it was signed / Estate Heirs Statement (in those cases where there is no will)
* Inheritance Acceptance
* Partition of the inheritance according to what the will states, or, where there is now will, to the desires of the inheritors .
* Inscription at the Land Registry of the new owners of the Estate inherited.
* Arrangement of payment of the applicable Inheritance Tax.

Should you wish to make contact with my firm and obtain a quote for our service, please do not hesitate to contact us via this link: http://www.lawbird.com/services/contact

Kind regards,

[Kimmie]

My parents are UK nationals, who sold their home to buy a property in Spain. After a family feud we have lost contact and they moved. My sister is in touch but refuses to give us their details. I have just been told my mother passed away a week ago and was cremated. No other details. I don't believe she would have made a will. How do I find out a copy of death certificate, and would my brother and I be eligible to claim an interest as a sibling. All help appreciated in this hard time. Thank you.

[Jason Churchill]

My father died in spain in 2009 my step mother cremated him without telling his sons, she has claimed all his assets even though they had been parted for four years not legally though, his villa was in both there names i think, is there anything i can do to find out if im entitled to anything, i dont even know if there was a will made?