One of the most common queries that come to our team is how to claim an inheritance in Spain. Or even what legislation should be applied when we want to make our will to be valid in our country of origin and in the Spanish territory. In that sense, for all those people interested in the inheritance issue, we bring you this article with everything you should know about foreign inheritance in Spain.
How does inheritance law apply to foreigners with assets in Spain?
In recent years there have been different changes in the legislation governing inheritance processes in Spain. Therefore, foreigners should seek advice from expert lawyers in order to avoid inconveniences when claiming an inheritance or making a will. In any case, the Civil Code and the Inheritance Tax Law are the ones that govern these procedures and apply to nationals and foreigners within the Spanish territory.
As we have mentioned before, there are different cases according to the needs and particularities of each case. But it is the circumstances in which the death occurs, which determine where to make the legal requests and the location of the assets in Spain.
In the event that a foreigner has to claim an inheritance in Spain
The applicant must collect a series of requirements, within a certain time, to make the inheritance claim. In the case of inheritances in MadridThe applicant now enjoys certain tax benefits that may facilitate the process.
In the article 5 things you should know about inheritance and succession in Spain we have compiled some general information about taxes, deadlines for filing a claim, and other conditions that you should take into account.
In the event of the death of a foreigner resident in Spain who leaves an inheritance
This is a very common question because, as of 2015, the Regulation of the European Parliament and of the Council number 650/2012 came into force, which establishes that in these cases the laws corresponding to the country of residence of the deceased at the time of death shall apply.
So, in the case of a foreigner residing in Spain, he/she can make his/her will in the country of origin, but when his/her heirs make the claim, they will adjust to the Spanish laws. But, in the case that assets and debts are inherited in other countries, if they are not contemplated in the will, they will have to be claimed under the laws of the country where they are located.
What should the will of a foreigner in Spain be like?
The same regulation of the European Parliament also determines that the will will will be valid as long as it is adapted to the formalities of the country of residence or the country of nationality of the testator. In this sense, a Venezuelan who is resident in Spain can draw up his or her will in compliance with Venezuelan or Spanish regulations.
In cases where there are assets or properties in other countries, it is recommended to draft the wills under the parameters where such assets are located, or under the legislation corresponding to the nationality of the testator. This will allow the heirs to carry out their inheritance processes more easily.
Consult a legal advisor specialized in foreign inheritance in Spain.
Remember that all these inheritance processes can be done through a legal agency that represents you within the Spanish territory. In the case of Aldana & Abogados, we are committed in every part of the inheritance process, so that our clients do not have setbacks that delay their planning. So if you need to process a inheritance in Spain and you do not know the legal reality of the assets and real estate, we can help you through the collection of data and certifications necessary to carry out the process satisfactorily.
If you would like more information or need advice on this and other issues of criminal and commercial law, do not hesitate to contact us at contact us at. We also share with you our social networks so that you can keep updated on the legal topics that are in trend: Instagram, Facebook, Twitter y Linkedin.