When someone dies In Spain there are a few differences to inheritance laws compared to the UK.
Priority may be given to parents, grandparents and even children ahead of any surviving spouse when it comes to inheriting an estate, unless specified in a will.
Like the UK, if a person dies without a will it means that the estate is intestate and all assets are distributed according to a set of rules, as opposed to the wishes of the person who died, as outlined in a Will.
Following the death of a close relation, it’s necessary to understand whether they left a will or not. They may have a will from the UK or a Spanish will. They could also have Wills from both Spain and the UK.
You need to search the Spanish register of last Wills to determine whether a will was made in Spain. This will help you establish whether the last Will was signed by the deceased.
The deceased may have a UK Will, Spanish Will, neither or both.
Without a Spanish Will
If a British national owns asset in Spain and dies without a Will and it’s important to seek legal advice.
You need to establish which law applies and who is entitled to inherit from the estate. The beneficiaries must then sign a declaration of heirs.
If there is a large number of beneficiaries, there can be a large amount of paperwork as well as potential inheritance tax.
Inheritance tax will be payable (if due) as soon as the “acceptance of inheritance” has been signed in front of a Notary.
The acceptance of inheritance documentation must be approved by the Spanish tax agency. It will then be possible to ask the bank to release my funds.
With a Spanish Will
If there was no Spanish will but an English will it will become clear who is the executor as well as the beneficiary of the estate.
In the event that the deceased left both Spanish and English Wills you will need to seek impartial legal advice to determine which assets go where.
When the value of the assets has been established it will be necessary for inheritance tax to be calculated as well as powers of attorney to be signed by the beneficiaries.
The acceptance of inheritance documentation must then be signed and approved by the Spanish Tax Agency.
Find out more about Spanish Inheritance Laws at solicitorsinspain.com.