If someone close to you has recently passed away and you know or you have been notified that he/she has drafted a Will in Spain or has properties in Spain, then you may need to be guided by a Spanish attorney on this matter in order to know your options and future steps to claim such inheritance.
Our Law Firm counts with a highly qualified group of attorneys who have wide and proven experience solving legal matters related to inheritance for nationals or foreigners. Whether the deceased person drafted a Spanish Will or not, or even if no Will was made at all, we will be able to handle your case for you from the first contact to the delivery of the assets.
When claiming an inheritance, you must consider and verify the existence or not of a Will. Based on this, you may need to fulfil certain requirements according to such situation. Therefore, the first step that you should do is to confirm the existence of a Will by sending a request to the Registry of Last Wills and Testaments in Madrid. This step can be issued by our attorneys for they may request such information on your behalf.
If you confirm that there is a Spanish Will and that certain properties and/or assets have been left in Spain for you by a deceased relative, you may start issuing the claiming process with our attorneys who can guide you through the entire process and represent you in all the legal proceedings in our country. Your Spanish attorney may be able to do all the aforesaid by means of a Power of Attorney written in both Spanish and your language and signed by all the beneficiaries before a Notary in your home country*.
*You must not forget that this POA as well as other documents must be duly translated into Spanish and legalized, that is to say to be stamped with an “apostille”. Ask our attorneys how to do this.
Also, you must keep in mind that when claiming an inheritance in Spain there are taxes that must be paid before getting access to these assets. Such taxes must be paid within a period of 6 months following the date of the death of the testator. If not, taxes will increase and fines will be added to such payment. However, you may ask your attorney to demand an extension of 6 months to pay such taxes.
The calculation of the inheritance tax that you must pay in Spain is rather complex. The amount may vary depending on the value of the property, the wealth of the beneficiary and the relation between you and the deceased. The percentages to be paid can vary as well depending on the Comunidad Autónoma where the properties are located. Even though the tax rates are set by the national government, each autonomous region counts with their own rules and exceptions to calculate inheritance tax.
However, you must not worry about this as our attorneys have experience dealing with tax calculation and most importantly, on how applying the exemption rates to reduce the inheritance taxes to be paid for you as much as possible.
In the event that the testator has left a Will in his/her home country but not in Spain, such Will must be corroborated in Spain in order to carry on its execution in relation to the properties and assets located in Spain. In order to do that, a Spanish Notary Public who will sign the Inheritance Deeds will require you to submit certain documentation in order to probe that you have the right over such properties or assets. Our attorneys along can help you meeting all the legal requirements.
Finally, if the deceased person has died ab-intestato -that is to say that he/she didn’t leave a Will in his/her home country nor in Spain-, you must handle the case before Spanish authorities, Notary Public or even Court. Even though the paperwork may vary in each case, if you wish to claim the inheritance, you and the other beneficiaries must submit a Declaration of Heirs. Ask your attorney about this.
If you are dealing with inheritance issues in Spain, Contact us now and be guided by experts.