Spanish Inheritance Law - VELASCO LAWYERS
As Spain is part of the EU, you would imagine that their laws regarding wills, would be the same as for example those in the U.K. - You could not be further from the truth.
Spanish Wills are very different from those in for example the U.K. and, although U.K. wills are recognised for property assets owned in Spain, proving inheritance rights in Spain with an overseas will can be a lengthy, expensive process and sometimes results in failure.
Consider this scenario: You have purchased your dream home in Spain and something happens to you. Your dependents are left with most likely an amended will from your country of residence. What else are they left with? Answer: They are left with on-going legal problems and the burden of cost. For example - your dependents will need to have any documents that are left to them whether they are in English/German/French or whatever, translated and authenticated for use in Spain meaning time delay, expense and possibly additional legal costs especially if any family members contest your Will.
Now consider this scenario: You have purchased your dream home in Spain and by spending a few extra euros you can have a legal Spanish Will established by reputable and experienced Spanish lawyers, and, most importantly your dependents have a reliable "local point of contact" leaving you with complete peace of mind.
If you purchase a property in Spain and your death occurs without having made a legal Spanish Will, the property will not pass to anyone until, either someone succeeds in enforcing an overseas will in Spain or, in case you did not make any will at all, that someone convinces the Spanish authorities (courts, notaries and Land Registrars) that, according to for example the UK law, the said person is your heir. If a valid Will has not been established, and, if you do not have any dependants, proving that someone is your heir can be even more difficult.
Main rule of thumb: Spanish Wills require a great deal more information than those from for example the U.K.
Note: Velasco Lawyers is a full-service law firm specialising in business and foreign investment in Spain, banking and insurance, property development and investments, Land Uses and Zoning, Real Estate, State Local and Municipal Law, Trust, Taxation, International Law, Estate Planning, Divorce, Immigration Law, Business and Commercial, Criminal Law, Franchising, Mediation and Collaboration Law, Probate and Estate.
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