What happens to my property in Spain if I die?

Spanish Inheritance Law states that when you die your property will be shared among your heirs according to the law of your country of origin (unless you are resident in Spain and have no Will, in which case Spanish law and the forced heirs applies). This is then acceptable to the Central Wills Registry in Spain.

Can I inherit a property in Spain?

In Spain, the heirs or beneficiaries are liable for inheritance tax, not the estate of the deceased. Any Spanish Inheritance Tax due must be paid by the beneficiary within six months from the date of death. International conventions will need to be checked to avoid double taxation.

How can Spanish inheritance tax be avoided?

Some advisers, mainly located abroad, suggest that you can avoid paying inheritance tax in Spain by incorporating the properties to a company registered outside the country.

Is there a time limit to claim inheritance in Spain?

Four-Year Limit on Inheritance Tax Spanish law dictates that inheritance tax should be declared within six months of the date of death. This six-month period is then added to the statute of limitations, so in effect the period stretches for four years and six months.

Can a foreigner give away an estate in Spain?

Foreigners living in Spain may not give away more than the freely disposed part of their estate (one-third), as the rest must be reserved for obligatory heirs.

Can a Spanish property be sold after death?

In order to complete a Spanish property sale following the death of an owner (or co-owner), the succession process must be completed first. Subscribe now for monthly insightful feedback on key issues. All for only £98 + VAT per year.

What happens if there is no will in Spain?

Thank you for your question. In the event of there being no Spanish Will, in principle, the law applying to the inheritance would be the national law of the deceased, according to article 9 of the Spanish civil code.

Who is the recipient of an inheritance in Spain?

In Spain, the recipient of the lifetime gift or inheritance is the taxpayer, ie. The taxable person is the recipient and spouses are not exempt. Under UK Inheritance Tax Law, a spouse is generally an exempt beneficiary (except in some cases of mixed domicile). With Gift Tax, this is not the case.

In order to complete a Spanish property sale following the death of an owner (or co-owner), the succession process must be completed first. Subscribe now for monthly insightful feedback on key issues. All for only £98 + VAT per year.

Do you need a will to dispose of assets outside Spain?

Reason One: It avoids time-consuming and expensive legal issues that your heirs will have to resolve. You can – and should – make a separate will to dispose of any assets located outside Spain. A British will, for example, has no bearing on your Spanish estate.

Foreigners living in Spain may not give away more than the freely disposed part of their estate (one-third), as the rest must be reserved for obligatory heirs.

What happens to the name of the children in a will in Spain?

The title deed will then be amended accordingly to show the four names (the wife owning half, each child owning one-sixth). The widow can hold a “usufruct” of the children’s share until she dies, so they cannot force through a sale (well, they can, but the wife is entitled to live there until she passes away).