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Don't let inheritance be a headache for you and your family
Ensure your property is left to whomever you want and save your heirs hassle and money by making a Spanish will
If you want to make sure that your Spanish property goes to the people you want after you pass away, or you need help to claim an inheritance in Spain, then having professional support from a local, independent solicitor will give you peace of mind.
Spanish laws of succession can be quite complicated, so making a will in Spain could avoid time-consuming formalities and legal problems for your heirs.
Under EU Law, if a foreign national wants any assets they hold in Spain at the time of their death to be governed by their own national law, it has to be specified in a Spanish will.
Even after Brexit, UK nationals with assets in Spain are allowed to choose the law of England and Wales, Scotland or Northern Ireland (as appropriate) to govern their succession
If a foreign property owner dies without a will, Spanish inheritance law could apply to their assets in Spain.
Heirs and relatives must request a Certificate of Last Wills (Certificado de Últimas Voluntades) to check if a notarial will exists, legalise and translate any overseas wills and request the death certificate, bank balances and insurance policies.
Forced heirship rules still apply under Spanish law, whereby a portion (legítima) of the estate must be reserved for direct heirs (e.g. children, spouse), thus limiting your complete freedom to distribute as you wish.
Therefore, taking legal advice to organise your inheritance will probably avoid future conflicts and save your family quite a lot of costs.
By making a Spanish will, foreign testators can bequeath their Spanish property to anyone they please, as long as the law in their own country gives them freedom to divide their assets as they wish.
If you decide to make a will in Spain, it will exclusively affect your assets in Spain, not the property you own in any other country, and nor will it affect any present or future testament you may make in your own country.
Foreign (resident and non-resident) testators must sign their will before a Spanish notary, with ID documents and a translator if needed. The notary then registers it in the General Central Registry of Last Wills.
If no will exists, inheritance follows intestacy rules, which often entails additional legal steps.
A notary has to draft a Deed of Adjudication of Inheritance, which is needed to register property in the new heir’s name at the Land Registry, as well as tax payment certificates to claim any funds in bank accounts.
Foreign heirs need an NIE number for tax and registry operations, but if they can't travel, they can appoint a lawyer or agent with Power of Attorney to act on their behalf.
LS Solicitors in the Region of Murcia has been assisting international clients on Conveyancing, Tax and Legal matters since 2005, with offices in La Torre Golf Resort, Los Alcázares and Mar Menor Golf Resort.
They have many international clients needing help with this topic and their multilingual team of independent lawyers, economists and consultants will help you navigate your life in Spain with total confidence.
If you need more information about Spanish wills, contact LS Solicitors at info@lssolicitors.es. The team will be glad to assist you.
“International team of experts in law and economy, to help you navigate your life in Spain safely.”
LS Solicitors & Management Solutions is a law firm and management company based in the Region of Murcia, founded in 2005.Contact details
- Telephone number: 0034 968 032 424
- Email: info@lssolicitors.es
- Website: www.lssolicitors.es
- Facebook page: www.facebook.com/lssolicitorsspain
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