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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