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Spanish inheritance risks for couples and their children

So many people are totally unaware of the Spanish inheritance laws for residents and non-residents, and as a probate Lawyer I am now sorting out many (expensive) problems for people that could be avoided just with a few basics.

04 December 2010 @ 23:33

In a nutshell you should realise that the concept of JOINTLY OWNED property where ownership automatically passes to the survivor on death DOES NOT exist in Spanish inheritance law.  If there are two (or more) names on the deeds of a property, on the death of one of them the deceased's share of the property DOES NOT automatically pass to the survivor.  On any death there are procedures to go through and they are not straightforward, BUT a lot more straightforward that perhaps trying to sell a property only to find out that you can't because the procedures have not been carried out, and often clients lose their valued buyer because the buyer does not wish to wait for the probate process to be carried out.

I am stunned by the amount of clients I have this year that did not seek legal advice on the death of someone but instead relied on the "advice" offered by "friends" found in bars and restaurants. If you are a real friend an you know someone that has lost a loved one or friend,`please don´t offer them any other advice than to SEEK PROFESSIONAL ADVICE.

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Geoff Stewart said:
04 December 2010 @ 22:42

ALL VERY TRUE and useful... we also come across this issue more and more (I guess with an aging ex-pat community)... good to know that the issue has been highlighted. GS

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