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Weekender Alicante South Issue 106

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Facebook: @The<strong>Weekender</strong>Spain<br />

FRIDAY 30TH AUGUST 2019 13<br />

Business & Money<br />

Do you need a<br />

Spanish will?<br />

IT’S a subject that no-one<br />

likes talking about – but<br />

it is a conversation that<br />

everyone needs to have.<br />

Have you got your affairs<br />

in order if anything should<br />

happen to you?<br />

Estimates vary, but it<br />

is generally agreed that<br />

around two thirds of British<br />

people do not have a will.<br />

And if a British national<br />

who owns assets in Spain<br />

dies without a will, matters<br />

can – and do - become rather<br />

complicated.<br />

The Spanish legal system<br />

is very different when<br />

it comes to the inheritance<br />

procedure compared to other<br />

countries like the UK.<br />

It is also worth noting that<br />

Spanish inheritance law also<br />

varies from region to region.<br />

Legal experts at Sun Lawyers,<br />

a Spanish law firm<br />

with more than 30 years of<br />

experience and several offices<br />

across the Costa Blanca,<br />

say that makes it vital to get<br />

the right advice.<br />

Its spokesman says: “You<br />

really must have a Spanish<br />

will if you have property or<br />

any other assets over here.<br />

“We recently got a letter<br />

from a gentleman about the<br />

sad story of his wife passing<br />

away and she had not made<br />

a Spanish will involving her<br />

property in this country.<br />

“That has sadly seen extra<br />

stress for him at a time when<br />

he does not need it, and it<br />

has also cost him thousands<br />

of euros to sort everything<br />

out.”<br />

Having a Spanish will ensures<br />

that the inheritance<br />

procedure is straightforward<br />

and less costly.<br />

EU citizens living in<br />

Spain, as well as a number of<br />

non-EU countries, can now<br />

choose whether the law of<br />

their home country or their<br />

country of residence applies.<br />

If a foreign resident dies<br />

without leaving a will or<br />

making an official declaration<br />

on which law they wish<br />

to apply, the law of the country<br />

where they resided for<br />

the last five years will apply.<br />

If your estate is dealt with<br />

under Spanish inheritance<br />

law, forced heirship rules<br />

apply - known as the Law of<br />

Obligatory Heirs in Spain.<br />

This means there are restrictions<br />

on how you distribute<br />

your estate, as a certain percentage<br />

needs to be set aside<br />

for certain relatives.<br />

If you die without leaving<br />

a Spanish will, the laws of<br />

intestate succession apply.<br />

In Spanish succession law,<br />

this means that the estate<br />

will be inherited by the following<br />

- taking into account<br />

the Law of Obligatory Heirs:<br />

• children of the deceased<br />

• if there are no children,<br />

the parents<br />

• if no children or parents,<br />

the surviving spouse<br />

• if there are none of these,<br />

then the next closest<br />

blood relatives (up to a<br />

fourth-grade limit in the<br />

family tree)<br />

• if there are no legal beneficiaries<br />

from any of<br />

these groups, then the<br />

Spanish state inherits<br />

the estate!<br />

Making a Spanish will can<br />

also help sort out what levels<br />

of inheritance tax are likely<br />

to be paid.<br />

The rules and Spanish<br />

inheritance tax rates vary<br />

according to the relationship<br />

between the donor and<br />

beneficiary, although generally<br />

unmarried couples and<br />

step-children pay more tax<br />

than spouses and natural<br />

children.<br />

For more information call<br />

Sun Lawyers on (0034) 965<br />

321 193 or email us at admin@sun-lawyers.com<br />

We can assist you with any Law issue:<br />

Property services (buying/selling, tourist license,<br />

NIE number)<br />

Relocation (residency card, visas,<br />

Spanish citizenship, health card)<br />

Legal services (litigation, tax Spanish wills,<br />

floor clause)<br />

Visit our offices in:<br />

Cabo Roig<br />

La Zenia<br />

Campoamor<br />

La Fuente<br />

Playa Flamenca<br />

(+34) 965 321 193<br />

admin@sun-lawyers.com

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