Legacy in Spain

 

Inheriting in Spain brings some questions. Where should I accept the estate? Which law applies? In which country do I pay inheritance tax and how much? To summarize this matter in a simple way, a distinction must be made between the inheritance section on the one hand and the tax section on the other.

 

We limit ourselves here only to a foreigner who is resident in his country and who leaves a second residence in Spain to his children.

 

Which law applies to the distribution of the estate?

 

Since the European law of succession became applicable, the law of the testator's domicile has been applied to the distribution of his estate anywhere in Europe, unless the testator has previously opted, by last will, to apply the law of the country of his nationality.

 

This is important to know how the estate will be distributed in Spain (your second residence or your Spanish bank account), be it to the surviving, be it usufruct-free property, be it to children, etc. This distribution therefore depends on your national law, testament or marriage contract of the testator.

 

Is a Spanish last will required? 

 

In the situation we are discussing here, being a foreigner with a second home in Spain, it is in most cases absolutely unnecessary to draw up a Spanish will. After all, the distribution takes place according to your national law.

 

If you are resident in Spain, and you wish that the law of your nationality applies, then you do need a last will. 

 

Please connect with our legal team if you have more concrete questions about your personal situation.