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Don't let inheritance be a headache for you and your heirs
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 are different and sometimes 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 on 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 intestate, Spanish inheritance law could apply to their assets in Spain.
Without a Spanish will, foreign 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 of death, 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 heirs quite a lot of costs.
By making a 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.
We have many international clients needing help with this topic and our 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 us at info@lssolicitors.es. We will be glad to assist you.
Address
La Torre Golf Resort, Town Center La Torre, Roldan, Torre Pacheco, 30709, MURCIATel: 0034 968 032 424
“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.The services covered by LS Solicitors & Management Solutions include help when buying a property in Spain, financial assistance, support during the relocation process, processing taxes on your behalf, dealing with inheritance issues and myriad other legal aid services that you may need as an expat or homeowner in Spain.
Contact details
- Telephone number: 0034 968 032 424
- Email: info@lssolicitors.es
- Website: www.lssolicitors.es
- Facebook page: www.facebook.com/lssolicitorsspain
Office addresses
LS Solicitors have three offices in the major expat areas of the Region of Murcia, including at La Torre Golf Resort, Mar Menor Golf Resort and in Los Alcázares.
La Torre Golf Resort
Town Center La Torre
Roldan Torre Pacheco
30709 Murcia
Mar Menor Golf Resort
The Boulevard
Calle Pino Carrasco 6, Local 9B
30700 Torre-Pacheco, Murcia
Los Alcázares
Plaza Río Borines
Local 62.8
30710 Los Alcázares, Murcia
Office hours
Monday to Friday: 9am-2pm
