PROPERTY SEARCH

If you are a resident in Spain, this is why you should draft a will NOW

This is why UK nationals living in Spain should make a last will and testament in the country immediately

Inheritance laws for British nationals resident in Spain may be affected by changes to Spain’s Legal Code. This could potentially cause problems for the loved ones of UK citizens living in Spain if they die without making a will.

Alfonso Ybarra Bores, professor of International Private Law at Seville’s Pablo de Olavide University, has stated that the change in the law could mean loved ones are left tied up in complicated Spanish litigation if Brits fail to draft a last will and testament before they die.

“The British system offers a lot of freedom when it comes to drafting a will,” says Ybarra, because “an inheritance can be left to whoever is deemed suitable; there are no laws [in the UK] such as those of Spain’s Legal Code that guarantee a part of the deceased’s assets to children or relatives.”

What Spanish inheritance laws mean for Brits

In Spain, it is obligatory for a portion – sometimes a significant percentage, depending on the location – of a person’s estate to be passed to their immediate relatives after they die, a law that doesn’t exist in the UK. This complicates the situation for the children of any Brits who have residency in Spain and don’t make a will, as there may be some conflict between the British and Spanish sides.

While each of Spain’s 17 autonomous communities can decide its own inheritance tax and conditions – and frustratingly they change them on a regular basis – but for the most part as much as one third of someone’s inheritance must go to their heirs.

The major differences between the Spanish and British inheritance systems could have been minimised if European Regulation 650/2012 were applicable in the United Kingdom, but the UK has opted out of this agreement.

This has created different complicated situations at a legal level, because while the Regulation is not applicable in the UK, it does affect British residents in Spain.

For this reason, it’s very important for British residents in Spain to plan what will happen to their inheritances after they die. If they don’t draft a UK will and they die whilst being registered as residents in Spain, the Regulation on succession in the EU would apply and their inheritance would be governed by the regional Spanish laws where they have their main address.

What if I own property and have assets in two countries?

To make matters worse, the General Directorate is also calling into question the validity of wills that are drafted in Spain by British residents and which only pertain to the inheritance of their assets in Spain, and not elsewhere. These wills, known as ‘testamento simpliciter’ in Spanish, are useful for Brits in Spain to decide what happens to their assets in different countries.

There are more than 300,000 Brits living in Spain, and many of them have assets in both Spain and the UK. Of course, it is always advisable to draft a will, but especially in cases where local laws and international assets mean that your heirs can be left with nasty surprises.

Consult an experienced professional about drafting your last will and testament in Spain.

You might also like: 4 things you probably didn’t know about inheritance tax in Spain but should

staff.inc.and

Address

Office 1: Monteclaro 1, 30389 La Manga Club / Office 2: Calle Delta del Danubio, 30385 Los Belones

Tel: 0034 868 707 917
Mobile: 0034 689 017 754

View Website

View Google Map

Facebook

Heniam & Associates for Conveyancing, paperwork, legal advice and immigration throughout the Region of Murcia

Catering for the needs of expats living all over Spain, and particularly in the Costa Cálida and the Costa Blanca, Heniam & Associates offer a wide range of services including conveyancing, legal and administrative advice.

At the same time, their team of dedicated professionals appreciate the need to assist you in an easy and reliable manner, allowing you as much time as possible to enjoy your freedom, relax and make the most out of life in Spain. Without sacrificing efficiency, they offer personalised services to each and every client, listening to their needs in order to provide exactly the right service and desired outcome.

In the all-important field of Legal and Administrative Services, Heniam & Associates provide help in a wide range of matters including (but not limited to):

Conveyancing
Legal and professional communication assistance
NIE and TIE Applications
Commercial and company set-up and licensing
Spanish health and administrative services
Support and assistance with regulatory bodies
Professional will writing services and advice on intestate inheritance laws (both in the UK and in Spain)
Contract drafting (for businesses and individuals)
Dispute resolution
Digital signatures and certificates

Whether taking advantage of our conveyancing services or any other legal matter Heniam & Associates’ business partner HeniamLegal will represent you in the best possible way, excelling especially in their conveyancing service.

When buying a property in a foreign country it can be challenging to understand all of the
steps that have to be taken. Heniam knows that buying a home can be stressful and
they want to ensure that you have the resources that you need to make sure that the
transaction is as smooth as possible so that you can start to enjoy your new home without worrying about the details and any purchase pitfalls.

HeniamLegal will be on hand to assist you with every part of the process. They have
dedicated professionals on hand to assist you every step of the way ensuring that all
of the relevant checks and investigations are carried out and, of course, negotiating on your behalf and protecting your interests. You will always have the support you need with HeniamLegal and Heniam & Associates.

Heniam & Associates In addition, translation services are provided either for written documents or for occasions such as visits to the doctor or to administrative offices, and assistance is provided in finding the best deal on foreign currency transfers.