Wills: The Legal Will & Inheritance in Spain

...the process is much simpler if there's a Spanish will."

Posted by The Expatriator

Tagged: legal, property, inheritance, will, lawyer, notary

Information about Spanish wills.

If you own property in Spain, you should have a Spanish will; it is an expensive and slow process to get your foreign will recognized in Spain. For your heirs to get your property transferred to their names, the process is much simpler if there’s a Spanish will. If there is no Spanish will registered at the Registro de Actos de Ultima Voluntad, then your property could, in the worst case, pass to the local and regional government.

When you receive a copy of your Spanish will from a notary, it’s a good idea to have another copy sent to your embassy.

Please consider taking the advice and assistance of a lawyer for these matters. Too many expats have experienced the (often) nightmare of the Spanish legal system.

Last updated 03 04 2006

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mediterranea said:

For SueinSpain and the others:

In Spain, there's a minimum part of the inheritance that goes to the children of the deceased. It is called "legítima" and amounts to one third of the total.( For example, the deceased leaves a state worth 300.000 euros, then the "legítima" will be 100.000. Supposing there are 3 children, then each will get 33.333.)

This is the part of the inheritance that cannot be denied to the children, except in very rare circumstances. In the case of joint property between husband and wife it is possible for the surviving spouse to keep his or hers 50% -while the deceased half being distributed- (In this example, 150.000 will remain with the surviving spouse and the "legítima" would be 1/3 of the remaining 150.000 which is again to be divided equally amongst the children. In the case that there are no children, the "legítima" will go to the parents or other relatives and not to the spouse.

Please get information from an expert to avoid surprises.


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