Bequeathing a home

Do you wish to leave your property secured for your heirs, so that they can enjoy it as much as you always have? Then it is wise not to leave anything to chance.

Understanding your Will clearly  – or perhaps Wills – is beneficial for everyone in difficult times. For example, if you have both a Spanish and a foreign Will, this could easily put your heirs in a difficult position. Whereas maybe in your country the surviving spouse can accept the house, in Spain they become usufructuary whilst the children actually inherit all possessions. A difference that can have serious consequences.

Making a Will in Spain or in your own country?

It is advisable for anyone with assets in Spain to have a Will drawn up. This concern varies from case to case, from nationality to nationality and from resident to non-resident. A legal advisor can often tell you, after a non-binding consultation, what the best option is for you; in order to have your inheritance wishes recorded as carefully and detailed as possible.

We speak your language

Since 2002, our legal advisors have been settling inheritances for foreigners throughout Spain. They know the protocol, have the contacts, understand the drawbacks and loopholes that currently exist in Spanish laws and, of course, always speak fluently in your language.

Documents, documents, documents…

Without the appropriate documents, your legal advisor cannot take legal action regarding ownership change for your property. It is, therefore, important to have all papers, data and passwords in order.

Creating a folder containing your passport, NIE number, the titled deed ‘escritura’ of the property, bank account numbers, the car or motorcycle papers, ownership papers of other movable property, the latest IBI settlement and the Will or Wills takes a bit of effort, but it can be easily done. It is essential for the heir’s benefit considering that it will save them lots of research.

Inherit Real Estate

Consider you inherit a house or apartment and the deceased had only left a foreign Will. Then, the inheritance will be distributed according to the Dutch inheritance law, because that is, usually, the explicit law of choice. If there is no Will and he or she was a resident in Spain, you would ‘normally’ inherit according to the Spanish law. It becomes more complicated if the deceased leaves both a Spanish and a foreign Will. Then there can be two ‘valid’ Wills. That is not always advisable in procedures involving a house. With the right documents, our legal advisors from SMLT can quickly provide clarity and perspective. He or she can also guide you in handling the inheritance. Or – if that is more convenient for you – handle the estate in your name by means of a notarial power of attorney.