Blog on Spanish law

Category: Wills and Probate

  • Varying a Spanish Will Using an English Deed of Variation

    Varying a Spanish Will Using an English Deed of Variation

    Most people familiar with the administration of an English estate know that a Deed of Variation can be used in England (and Wales) to change the distribution of an estate within two years of the date of death, provided certain criteria are met: That much is well-known — but what about foreign assets, such as…

  • Question to a UK solicitor: Do your clients need a Spanish will for their assets in Spain?

    Question to a UK solicitor: Do your clients need a Spanish will for their assets in Spain?

    It is quite likely that you will have one or two clients with assets in Spain and when it is time to deal with their estates, the probate in Spain could be a source of uncertainty or a source of conflict if there is not a Spanish Will in place. We can help you and…

  • Have your clients paid high Inheritance or Gift taxes in Spain in the past?

    Pursuant to the European Court of Justice´s decision of the 3/9/2014 they could be entitled to ask for a refund The Spanish inheritance and gift tax is a national tax but the Spanish Government transferred it to the regional bodies (autonomous communities), who have autonomy to legislate and collect the tax. The autonomous communities have…

  • I am an Executor on a Spanish estate. Do I still need an N.I.E.?

    The answer is simple: Yes. Any person appearing in a Will that is going to be used for the administration of a Spanish estate, whether this is an English or a Spanish Will, requires a N.I.E. number. Obviously, this applies to those who inherit the asset but also to those who are not beneficiaries under…

  • How to calculate the Inheritance tax in Spain for non-residents

     Quite often I am asked how much is the tax payable on a Spanish estate. My first answer to that question is that the tax is not paid by the estate but is paid by each beneficiary on the basis of what he or she inherits. My second reply is that the Inheritance tax is calculated on a…

  • DEATH, BANK STATEMENTS AND TAXES IN SPAIN

    When the Spanish estate is not only made of properties            When inheriting assets in Spain, the first thing that comes to mind is property but the truth is that assets also involve bank accounts, shares and other type of properties such as a car or even a boat. We have…

  • Can I renounce to an inheritance in Spain?

                    In most occassions, inheriting from a dead relative or friend comes associated with an increase in wealth. The heir or beneficiary inherits the assets or money that the deceased had and once the inheritance tax is paid, which sometimes can prove very expensive, the heir is left with…

  • Lets talk about gifts

          In this space I have talked about wills and inheritances very often but never, as far as I can recall, about gifts. Is it generally a good idea to gift assets in Spain? The answer is also generally no. Why? For one simple reason: taxes.   A gift will always be subject to gift tax…

  • Daddy, where is my money?

      This week a Spanish national from Castilla but living in England for many years came to see me for advice on wills. In fact I was the second solicitor to be consulted. The other one recommended him, without taking into account his national law, to grant an English will and leave everything to the…