Probate Law updates in Spain
Feel free to browse and/or download this presentation about Inheritance Taxes in Ibiza, from our Tax expert- English speaking lawyers in Ibiza, Spain. You might be interested as well in this read: Property taxes ibiza.... Read More
Discrimination According to the ECJ Until the 31st of December 2014, Spanish inheritance tax for non-residents (ie European Union citizens not ordinarily resident in Spain) was discriminatory as compared to European Union citizens who were resident in Spain, the former not being able to avail of extensive deductions and exemp... Read More
Tax Demands - Overpayment Inheritance Tax Many property purchasers (also heirs, and people who have received a gift of property) in the Comunidad Valenciana Region have received, a “supplementary demand” for the purchase tax (Impuesto de Transmisiones Patrimoniales) or inheritance tax (Impuesto sobre Sucesiones y Donacion... Read More
Since the national government in Spain devolved responsibility for inheritance tax matters to the autonomous regions in Spain, it has been necessary to consider local laws when determining the tax deductions that may be applied to a person resident in that Region. However, for those who are not resident in Spain, the central gov... Read More
Spanish Bureaucracy Taking out probate in Spain tends to be more straightforward than in some other countries - however, this is only the case when you have all of the documentation in place. The Spanish probate process is set-out below, and as you will see, it is predicated on having taking anticipatory steps to ensure all ... Read More
The government of the Canary Islands has approved plans to reestablish inheritance tax, among a raft of other measures, in an attempt to close a €200m gap in income and outgoings that has arisen in the government's coffers. In addition to the inheritance tax increases, there will also be increases in the local version of VA... Read More
Foreign nationals with assets in Spain often fail to draft a local Will, leaving beneficiaries unsure if the English Will that was created will cover Spanish property owned by the deceased. The process for dealing with an inheritance under a foreign Will is in fact the same as that for a Spanish Will with the only addition bein... Read More
Introducing our English-speaking Inheritance in the Canary Islands experts. Feel free to browse and/or download this presentation about Inheritance Taxes in the Canary Islands, from our Tax expert- English speaking lawyers in the Canary Islands, Spain. You might be interested as well in this read: Property taxes in the Canary ... Read More
Advocate Abroad professional network gathers selected Inheritance tax in Spain experts: find finest "near me" English-speaking Inheritance Lawyers in Spain with minimum effort. For your convenience, Advocate Abroad is present at Alicante. Let us introduce our Inheritance in Alicante experts. Feel free to browse and/or download... Read More
Feel free to browse and/or download this presentation about Inheritance Taxes in Andalucia, from our Tax expert- English speaking lawyers in Andalucia, Spain. You might be interested as well in this read: Property taxes Andalucia.... Read More
Feel free to browse and/or download this presentation about Inheritance Taxes in Aragon, from our Tax expert- English speaking lawyers in Aragon, Spain. You might be interested as well in this read: Property taxes in Aragon.... Read More
Feel free to browse and/or download this presentation about Spanish inheritance taxes in Mallorca, from our Tax expert- English speaking lawyers in Mallorca, Spain. You might be interested as well in this read: Property taxes Mallorca.... Read More
Feel free to browse and/or download this presentation about Inheritance Taxes in Cantabria, from our Tax expert- English speaking lawyers in Cantabria, Spain. You might be interested as well in this read: Property taxes in Cantabria.... Read More
Introducing our English-speaking Inheritance in Catalonia experts. Feel free to browse and/or download this presentation about Inheritance Taxes in Catalonia, from our Tax expert- English speaking lawyers in Catalonia, Spain. You might be interested as well in this read: Property taxes Catalonia.... Read More
Introducing our English-speaking Inheritance in Madrid experts. Feel free to browse and/or download this presentation about Inheritance Taxes in Madrid, from our Tax expert- English speaking lawyers in Madrid, Spain. You might be interested as well in this read: Property taxes Madrid.... Read More
Feel free to browse and/or download this presentation about Inheritance Taxes in Murcia, from our Tax expert- English speaking lawyers in Murcia, Spain. You might be interested as well in this read: Property taxes Murcia.... Read More
Introducing our English-speaking Inheritance in the Valencia Region experts. Feel free to browse and/or download this presentation about Inheritance Taxes in Valencia, from our Tax expert- English speaking lawyers in Valencia Region, Spain. You might be interested as well in this read: Property taxes Valencia.... Read More
Whether you are a Spanish resident or not, if you have assets in Spain it is advisable to have a Spanish Will. Spanish Wills for Non-residents shall never overrule the one you have in your country of origin, but will serve as a complement dealing only with your Spanish assets.Subsequently it is advisable to have a UK Will to man... Read More
Making a Will assures us that our wishes will be fulfilled once we are gone. It also avoids confusion and makes the division and distribution of your inheritance simpler and more economical. For a foreign citizen with assets in Spain to avoid problems and expenses when distributing those assets it is therefore best to make a Wi... Read More
I am an English person resident in Spain and I am in the process of putting my assets in Spain in order and will be drawing-up a Will. Can you explain whether Spanish or English law would be applied to the distribution of my assets? Also, I heard there are new inheritance laws in Spain, is this true and if so, how will they af... Read More
British clients who had just purchased a Spanish property were interested to know if it was necessary or even advisable to draft special Spanish Wills for Expats, now that they had assets in Spain. They did not know if at some time in the future they were likely to become resident in Spain. Since the 17th of August 2015, Europe... Read More
According to the article 9 of the Spanish Civil Code, the law applicable to an inheritance is determined by the nationality of the deceased. The 8th section of the referred to article specifies that, regarding the applicable law, there is no distinction made as a result of the location of the assets.Impact of EU Regulation No... Read More
National vs Regional Tax RulesFormerly, only those who have been ordinarily resident in a particular region of Spain over the balance of a period of five years prior to their death will have the more generous regional inheritance tax exemptions applied to their estate.In addition it will require the beneficiary to be resident in... Read More
How to Calculate Inheritance Tax in Spain?Factors that determine Spanish inheritance taxInheritance tax is payable on all bequests of assets including property, vehicles, cash, shares, bonds as well as on any cash paid out by the maturity of a life insurance policy held by the deceased to the benefit of the beneficiary. The amou... Read More
The death of a relative who owned assets in Spain forces people who often have no previous experience dealing with Spanish laws to try to comprehend the rules of inheritance and indeed inheritance tax in spain. Given that the rules are completely different from Anglo-Saxon jurisdictions it can be difficult to get an apprecia... Read More
We are an English couple, resident in Spain, and we are in the process of putting our assets in order and so will be drawing-up Wills in Spain. Can you explain whether Spanish or English law would be applied to the distribution of our assets? This is a common question at the moment as many are correctly reviewing the prep... Read More
In Spain it is a standard practice to apply the law of a person’s nationality to any wills made with regard to their Spanish assets. However, this does not mean that inheritance tax is also determined in this way. Spanish inheritance tax must be paid in Spain if the estate of the deceased include any Spanish assets. It is ther... Read More
Reducing Spanish Inheritance Tax Inheritance tax in Spain can swallow-up a huge percentage of any inheritance and so it is worth planning ahead as carefully as possible to avoid the lion’s share of any legacy winding up in the Spanish government's coffers. Of course it may be that investments and purchases have already b... Read More
Tax implications of making a ‘gift’ of your UK property assetsIt has become quite common in recent years in the UK, for those of advanced years and uncertain health, to gift their property in the UK to their children and thereby not be forced to sell said assets to pay for care charges that would otherwise be applicable. Wh... Read More
The Provincial High Court in Cantabria has ruled that a father had the right to disinherit his daughter as a result of the poor conditions of health and hygiene to which the latter exposed the former when living together in the same house. The decision of the court of first instance had rejected the daughter's claim against bei... Read More
IntroductionIt is said that approximately two-thirds of people in the UK die without making a will. It is an unfortunate fact that many with assets in Spain fail to make a valid will either in Spain or in their country of origin. This can leave their families having to try to manage at a distance a complex legal matter - Spanish... Read More
If you are reading this then you have probably received an inheritance in Spain - many have parents who decided to buy property in Spain in the last 30 or so years, and now such properties are passing from one generation to the next.Or possibly you own assets in Spain and are concerned about how much of your estate will be gobbl... Read More
Executor of a Will with Spanish AssetsGiven the number of people buying property in Spain, it is not entirely unlikely that relative or friend who has assets in Spain names you as the executor of their Will, at the relevant time, you will need to take responsibility for dealing with their assets in this country - paying off any ... Read More
Difficulties with paying Inheritance TaxA common situation that arises is that the beneficiaries are unable to manage payment before the legal deadline of six months from the date of death of the testator.This is often due to the fact that the inheritance relates to a property or some other asset that is difficult to convert int... Read More
The Spanish Civil CodeIt is not uncommon nowadays for our firm to receive enquiries from clients worried about the impact of debilitating diseases of dementia such as Alzheimer's on their relatives, in particular with regard to the management of their assets in Spain. These assets are often the result of a three-decade long love... Read More
When a close relative passes-away, it is unfortunately not just a time to grieve, but also a time of bureaucracy. Dealing with the estate of a deceased loved one is not something that most of us are prepared for, and so it is all the more difficult to have to manage. Even where a person was not resident in Spain, there will sti... Read More