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What happens if you die without a will in Spain?

Here’s what happens to the money if someone dies and doesn’t have a will for Spanish assets

Dying without a will can lead to significant complications, especially in a foreign country like Spain, where inheritance laws may differ considerably from those in your home country. Understanding these implications is crucial for anyone residing in Spain or holding assets there.

In Spain, if you die without a will, the law dictates that your estate is distributed according to strict legal guidelines. Under Spanish inheritance law, your children and spouse are designated as the legal beneficiaries. This means that a significant portion of your estate will be automatically allocated to them, regardless of your personal wishes.

Specifically, Spanish inheritance law divides your estate into three parts: one-third goes to your children equally; another third goes to your children but allows the parent to decide how to distribute it among them (known as ‘mejora’); and the final third, known as the ‘free disposal’ portion, can be allocated according to your preferences. However, if you die without a will, even this final third will be subject to the default rules of intestacy, meaning you lose any control over its distribution.

The situation can become even more complex depending on your habitual residence at the time of your death. If you are habitually resident in Spain, Spanish law will generally apply to your estate. This can significantly limit your ability to distribute your assets as you see fit, particularly if you have no will from either Spain or the UK. In such cases, you might only have one-third of your estate to distribute freely, with the rest being automatically allocated to your legal heirs under Spanish law.

For expatriates and those with dual residency, the absence of a will can lead to unforeseen consequences and potential legal disputes among heirs. It underscores the importance of having a legally recognised will in place, tailored to the specific legal frameworks of wills in both Spain and the UK, if applicable.

Heniam & Associates offers expert advice and services to help expats draft a will that aligns with their wishes and complies with the relevant legal requirements. By working with experienced legal professionals, expats can ensure that their estate is managed according to their intentions, providing peace of mind for loved ones.

Don’t leave the distribution of your estate to chance. Contact Heniam & Associates today to secure your assets and ensure that your wishes are honoured, no matter what:

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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
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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.