Inheritance and Spanish Will
Experts in inheritance matters, with a deep knowledge on this matters’ details and offering reduced fees for our services. Inheritance Lawyer Alicante more than 20 years experience.
When it comes to processes dealing with inheritance, having experts in your corner can make all the difference. We are dedicated specialists with a proven track record in handling inheritances, and we offer our services at reduced fees. Should you possess a property, bank accounts, or any assets within the vicinity of Alicante or Torrevieja area in Spain, we strongly recommend considering the establishments of a Spanish Will. Additionally, obtaining a NIE number which is the foreigner’s fiscal number (Número de Identificación de Extranjero) is mandatory.
The primary reason to make a Spanish Will is to reduce the procedure’s timeline. With having a will registered for your properties abroad, you will make things easier for your legatees and you will ensure the smoother transfer of assets.
We advise to engage a skilled legal professional who can draft the Will in both relevant languages. Then, we meet at the Notary so you can sign it with a translator if needed. The attorney will proficiently handle all the necessary documentation.
Once your Will is executed, it is meticulously recorder within the archives of the Notary’s office. This information is then transmitted to the central Will registry, effectively notifying the system that your Will is securely deposited within the specific Notary’s establishment.
Taxes when you inherit a property.
What happens if you don’t have a Will? .Determine the legal framework of preference.
The European Regulation (EU 650/2012) has brought about alterations to Inheritance Law since the 15th of August 2015. According to this regulation, in cases where an individual passes away while being a resident of a European nation distinct from their nationality, the Inheritance Law applicable is that of their last place of residence.
To illustrate, envision an Irish citizen who, upon retirement establishes residency in Spain. In the unfortunate event of their passing, the Inheritance Law that governs the ensuing proceeding would be determined by Spanish law, unless explicitly specified otherwise in the individual’s Will. English will but using Spanish Law so children can inherit.
Hence, it is of utmost importance to review or amend your Testament before the 15th of august 2015 if your current European residency differs from your original nationality.
Then, of you hold property assets within the regions of Alicante or Torrevieja, we encourage you to contemplate the formulation of a Spanish Will. In addition, obtaining a NIE is a crucial step that ensures the legalities are in order for a smooth inheritance process. In this Law Firm, we believe you have many other doubts regarding how the process can be handle. Thus, do not be hesitant and contact us. You can either complete the form online, email us or call us for further information.
Before making a will contact Cc Lawyer Alicante Torrevieja.
In CC Lawyers, we consider some of the questions you may have about these matters:
“What if the other heirs refuse? What are my rights? Can I force the opening of the Will? Can I sell any of the assets if the Will has not been accepted?”
This is a common doubt who have trouble for reaching an agreement. We have been contacted many times asking about the legal rights of an heir who is named on a Will and who cannot accept because of the other.
If you have been named on a Will for inheriting a property in Spain, a bank account, and a garage (for example), along with other heirs, you have the right to force the division legally according to the Will.
In Spain, you can force the heirs to accept the deceased’s wishes with a claim called “División Judicial de Herencia” (Judicial Division of the Estate). If you want to solve the problem after years without an agreement, we advise to legal action.
Once the claim is presented to Court, the Judge will open the Will, appoint an assessor that will give a value to the Estate and an auditor that will oversee its right and fair division. Each heir will receive his share according to the Estate and they will be now forced to accept the Estate. None of them will be able to sell any of the assets on the Estate until the process has been solved. Even if you are the sole heir of a property, you cannot sell it until has been accepted. If you have tried numerous times but have not succeeded, please contact us and we will inform you according to your specific case. Enforcement foreign judgement Spain.