5 things to consider when dealing with a Spanish inheritance
Inheriting assets in Spain can be confusing, especially if you’re not familiar with the Spanish legal system. The rules differ from what you might be used to, and if you don’t live in Spain, things can get even more complicated. Whether it’s understanding tax obligations, making sure the property is legally registered, or making sense of the inheritance process as a whole, it’s essential to do everything by the book so you don’t accidentally land yourself in any legal hot water on top of everything else you’re dealing with.
At Gascón Bernabéu, our English-speaking probate lawyers are here to guide you through the process. We’re experts in Spanish inheritance laws, so we can manage the legal side for you, ensuring everything is in order so you can focus on what really matters. If you’re feeling unsure of what to do next or need help getting the process started, don’t hesitate to reach out to our friendly team for a no-obligation consultation. We’re here to make the whole process as straightforward and stress-free as possible.
1. Spanish inheritance laws
Spanish inheritance laws can be quite different from ours here in the UK. If the person who passed away was living in Spain or owned property there, Spanish laws take precedence in governing how their estate is divided. These laws set strict rules about who can inherit what and may limit how flexible a will can be. For example, some regions in Spain require that certain family members inherit a set portion of the estate, no matter what the will says. Our English-speaking probate solicitors can help explain these differences and guide you through the process to make sure everything is done correctly.
2. Costs and taxes
Inheriting property in Spain can come with a few costs, like legal fees, notary charges, and inheritance tax. The tax can be higher than in the UK, and it depends on the value of the estate, how you’re related to the person who passed, and where the property is located. It’s important to be prepared for these costs upfront. If things don’t go as planned though, and if you’re feeling stuck or unsure of what to do next, reach out to us. We can help guide you through the process and offer advice on how to manage any financial obligations that come your way.
3. The legality of property
Before you can move forward with inheriting property, you’ll need to check that everything is in order legally. Spanish property laws can be difficult to navigate, and even if the person who passed away lived there for years before leaving it to you, that doesn’t mean that there aren’t issues like unpaid taxes or missing paperwork. The property could also have been built on land without proper planning permission. While this is usually just a formality, it’s best to get it checked to avoid any legal headaches later on. Our team of English-speaking probate lawyers can help you with making sure things like title deeds and proof of ownership are in order.
4. Consider your options for property
Once you inherit property in Spain, you’ll need to decide whether to keep it, sell it, or rent it out. It’s important to think about the ongoing costs, like maintenance, taxes, and other expenses, before you make your choice. Managing property from abroad can also be a bit tricky, so it’s worth considering all the options carefully. If you’re not sure what the best decision is for your situation, we can help you explore your options and guide you through the next steps with whatever you choose to make sure everything is done by the book.
5. Inheritance tax and liabilities
When you inherit property or money in Spain, you may have to pay inheritance tax. How much you pay depends on where the property is (if that’s what you’re inheriting), how you were related to the person who passed away, and the value of what you inherited. Different regions in Spain have different rules – some give tax discounts, while others charge more. If you’re the spouse or a child of the deceased, you might get a reduction, but there’s no automatic exemption.
You’ll still need to pay the taxes Even if you don’t live in Spain, and they can get expensive, especially if the property you have been left with is valuable or if you’re a more distant relative of the owner. The rules can be confusing, so it’s a good idea to get advice from a lawyer early on.
How can our English-speaking solicitors help?
We understand that dealing with an inheritance can be overwhelming, especially if you are unfamiliar with the process or are grieving. Our team will help you manage the paperwork, provide legal advice, and make sure that the entire process is as smooth as possible.
We can help with everything from applying for a Power of Attorney to obtaining NIE certificates and helping you understand the specifics of the inheritance process. If you’d like to discuss your inheritance situation in detail, we offer confidential, no-obligation consultations. Or, if you would like to learn more about our Spanish inheritance services, visit our probate service page for more information on the services we provide. You can also contact us through the form on our website, by email at info@gbabogados.co.uk , or by calling +44 (0)20 3137 1320. We’re here to help you through this challenging time.