Spanish Inheritance Tax: Advantages of Making a Will in Spain

[Patricia]

Hello Dutch Irish,

Our recommendation is that you wait until it´s time to inherit and not take any action now.

The IHT in the Communitat Valenciana is exempt up to the 100K € if the beneficiaries are first grade relatives ( children, spouses, parents ). As you indicate the property is not valued in more than 100k €, you would be, in principle, exempt of IHT.

If the beneficiaries are under 21 years the exemption is raised to assets valued up to 156.000 €.

Please feel free to contact us by email should you wish to discuss the particular case further.

Regards,

[A-F-W-]

Dear BeLegal,

Could anyone here possibly advise my family on this probate/will matter.

My mother passed away Feb 2014 while living in Spain (since 2001) and we did not know the contents of her will or if she even had one. Her legal matters were handled by a Spanish lawyer and under Spanish Law as far as I know. Her husband inherited everything and stated at the time of her funeral that it was her wish to leave a percentage of their house in Spain, when sold, to the children (of which I am one) and grandchildren. We spent an afternoon at a local UK solicitor as he said we would have to provide documentation to the Spanish lawyer as proof to who we were in regards to this matter but in the end nothing was actually needed at the time and we heard nothing more, presuming that when the house was sold it would be relevant.

The house was sold in late 2014 and when asked about the money we were told there was no money for the family and none of the former issues mattered. We presume she had never legally documented her wishes and because of that he was not going to proceed per her wishes.

Would there be any possibility of recovering the % of money that HE personally stated she wished the children and grandchildren to have ?

[A-F-W-]

It would appear no one can help then?

Could anyone here refer a Spanish lawyer in the UK then who could help me with this question? PM me please if so.

Thanks.