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Law in Spain

Law in Spain is a dedicated Blog to advise British Expats living in Spain about their legal issues through the expertise of Abad Abogados lawyers. The main purpose of this blog is helping Expats to find useful and updated legal tips to deal with Spanish Bureaucracy.

New Rules about Wills: Check how it affects yours!
Monday, December 15, 2014 @ 4:57 PM

You may be aware that due to a new European Regulation (EU 650/2012), the Inheritance rules have been amended and this could mean that you will need to amend your Will in Spain.

Under the new European Regulation 650/2012, when a person dies resident in an EU country but is a national of another, their inheritance will be governed by the rules of the country expressly stated in their Will and not by the International Norms of the country where they died or were resident, which may be in conflict.

This is good news for British nationals living in Spain as they can establish that they wish UK Law to govern their inheritance and this will avoid any possible risk of claims from children against the spouse on the basis of the system of obligatory heirs laid down by Spanish law, which has always been a concern where there are children from different marriages etc.

The change means that when someone dies after the 17th of August 2015, their inheritance will be automatically governed by the rules of their final country of residence.  This is of upmost importance for British people living in Spain, because under Spanish law you cannot leave everything to your surviving spouse, as 2/3rds of the estate has to be left to the children or any other descendant.

In summary, if you are resident in Spain and have children and you do not establish in your will that you want UK Law to rule your inheritance, your Spouse will not be entitled to inherit everything as it would be contrary to the  Spanish rules of obligatory heirs, which would automatically apply under the new regulation.

If you signed a Spanish Will and you want to double check whether these changes affect you, we highly recommend that you contact your lawyer who will be able to tell you if you need to make any changes to the wording of your Will.

 

For further details about inheritance in Spain, visit: www.abadabogados.com



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12 Comments


casperruby said:
Tuesday, December 16, 2014 @ 9:06 AM

What about inheritance tax threshold would it be spanish or uk? If uklaw Iis used


casperruby said:
Tuesday, December 16, 2014 @ 9:07 AM

What about inheritance tax threshold would it be spanish or uk? If uklaw Iaw used


AbadAbogados said:
Tuesday, December 16, 2014 @ 12:33 PM

Yes, Spanish Inheritance Tax Law is applicable for Spanish assets and debts independing the law of application.


del007 said:
Saturday, December 20, 2014 @ 7:56 AM

Which is the more genrous, British or Spanish inheritance tax threshold?


poepoe said:
Saturday, December 20, 2014 @ 11:13 AM

If both names of the Married couple are registered as owner, they both pay the yearly tax on the property. How will that effect the will when everything is left to the child of the Marriage. Will we need to have the names of the children on the deeds of the property. ????


rosie44 said:
Saturday, December 20, 2014 @ 1:10 PM

So, how come the Spanish woman looking after my father was able to override his will naming me, his only daughter as heir to his estate, able to coerce my father in to cancelling investments and thereby ending up with his entire estate and subsequently able to sell a property belonging to my stepmother upon her death, which was willed to her son? This has been a travesty of Spanish law and it has been a long laborious task to try to obtain justice due to the financial situation in Spain. It would now appear this woman is unable to be located. Vaya que lio!


Campbell said:
Saturday, December 20, 2014 @ 2:18 PM

Scottish inheritance law is different from English law. Scottish is similar to Spanish in granting automatic rights.


Derek22 said:
Sunday, December 21, 2014 @ 9:43 PM

This article refers to residents living in Spain, will the same apply to non-residents having a property in Spain as a holiday home?


AbadAbogados said:
Sunday, January 4, 2015 @ 12:01 PM

Dear Derek,

The article applies to both, residents and non residents at tax purposes that have assets in Spain, in example a holiday home as you mention can decide on their will that they want their national law to be applied on the will, instead of the law where the assets are located.

This affects to the possibility of distributing the asset, not to the inheritance tax law of appplication which will be normally the taxes of the country where the asset is located.

Regards,


AbadAbogados said:
Sunday, January 4, 2015 @ 12:04 PM

Dear PoePoe,

If the will states that the property will be for the children of the couple you don´t need to mention their names neither on the will nor on the Public Deed of the purchase.

Of course all this subject to inheritance tax planning in which we recommend you to consult with a tax lawyer.

Best Regards,


Annie said:
Sunday, January 4, 2015 @ 12:18 PM

In the UK, where there is neither spouse nor children, the estate automatically goes to the next of kin. Can we assume that this will happen for UK nationals resident in Spain or will it have to be spelt out in the will?


emma jane said:
Friday, March 20, 2015 @ 4:35 PM

does this law apply now, my dad passed a month ago and he had no will, he passed in spain and also has a house in spain and also a wife, does everything go to her because shes his with or is some rightfully mine? PLEASE HELP!!


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