Spanish Last Wills and Probates.

According to Spanish civil Law, the inheritance law that applies to foreigners is the Law that applies in their home country, even if they make their Last Will in a different country, i.e. Spain. However, since 17th of August 2015, according to the Regulation (EU) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, you can choose between your national law or the Law where you are domiciled (article 22.1).

It will make things easier for your heirs if you have a Spanish will drawn up and signed in Spain.

My fee includes drafting out your Will by email and assisting at the notary office as translator.

The inheritance tax will depend on the person inheriting the testator’s properties, value of the properties/estate, and the Spanish area where he/she was last domiciled. It is mandatory to pay the inheritance tax within six months after the testator is deceased. In Andalucía for instance, if the heirs are the spouse/husband or the children, and the residuary estate is less than 175.000€ they would not pay inheritance tax.

If you have inherit a real estate in Spain, I would be able to help you on the property’s registration, payment of taxes, etc. Please ask for an estimate of the costs involved and/or the best way to proceed and documents required.

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