Legal Assistance for Obtaining Inheritance in Spain

Updated on Wednesday 22nd April 2020

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Spain is one of the most beautiful countries in Europe and those who have assets here, especially in the form of real estate property, are very lucky. For most Spanish citizens inheriting an estate in their home country is quite common, but foreign citizens with Spanish descent can also inherit various assets.

Below, our lawyers present the main services related to claiming an inheritance under the Spanish legislation. If you are among the lucky persons to have obtained an inheritance in Spain, our lawyers can help you obtain it. All you need to do is get in touch and present us with your case in order to evaluate your situation.
 

Inheritance laws in Spain


If you have been notified about inheritance in Spain, it is best to first verify the validity of the will before starting any claiming procedure. The first step to accept an inheritance is to check what the Spanish legislation provides for.

Our lawyers in Spain have sufficient knowledge and experience in the Civil Code, which the main set of laws covering inheritances. However, consulting the Civil Code is not sufficient, as Spain also has a few autonomous communities in which special inheritance regulations apply. Moreover, starting with 2015, it is possible for foreign citizens who reside and have inherited various types of assets in Spain to decide whether the law of their countries or the Spanish legislation will apply when disclosing a will.

These are just a few of the reasons why consulting with a lawyer can provide useful information on the fastest, therefore the simplest way of taking possession of an inheritance in Spain.
 

Legal services for testators and heirs in Spain


Our inheritance lawyers in Spain can provide the much-needed assistance when claiming goods resulted from the division of an inheritance, but also for those who want to have their last wills prepared. Among the legal services we provide in relation to inheritances in this country, we mention the following:
 
  1. assistance in drafting wills in accordance with the desire of testators, but also in accordance with the law;
  2. guidance in understanding the rights and obligations related to an inheritance in Spain;
  3. legal assistance and court representation in inheritance litigation cases in Spain;
  4. tailored advice for foreign citizens seeking to obtain possession of goods inherited in Spain;
  5. advice on the inheritance tax that needs to be paid in Spain no matter the country of origin of the heirs.

In the case of foreign citizens, our lawyers in Spain will guide them on whether to ask for the national or foreign law on inheritance to apply when claiming it.
 

Understanding wills in Spain


Most of the time, an inheritance is awarded based on a will in Spain, however, there are also cases where no will has been drafted and the estate will be divided solely based on the Inheritance Law. Our lawyers can provide tailored assistance in cases where a will has been prepared, but also when no will is in place.

When it comes to making a will in Spain, our lawyers can handle its preparation in accordance with the rigors of the law. We can also make sure that where a will has been written by the testator meets all the validity requirements imposed by the same law.

There are 3 types of wills that can be prepared in Spain. These are the open will when the document is drafted by a public notary, the closed will which is written by a lawyer and then notarized, and the holographic testament which is a handwritten or oral will and the least most employed.

We can assist with the preparation of each type of will in Spain.
 

Assistance for foreign citizens with inheritances in Spain


As mentioned at the beginning of the article, it is possible for foreign citizens to benefit from assets inherited in Spain. It is also possible for foreign citizens living in Spain to leave their assets to citizens of other nationalities, but no more than one-third.

In order to enter the possession of an inheritance in Spain, a foreign citizen must obtain a tax identification number here. This number is issued by the Spanish Tax Agency. Our lawyers can help in this regard.
 

Guidance on inheritance taxes in Spain


Just like any other country, Spain too levies various taxes on inheritances. Here are some progressive inheritance tax rates that must be considered in Spain:
 
  • assets with a value of maximum 7,993 euros are imposed with a rate of 7.65%;
  • assets with a value ranging between 7,993 and 31,956 euros are levied at rates ranging between 7.65% and 10.2%;
  • assets worth 31,956 and 79,881 euros will be taxed at 10.2% to 15.3%;
  • the highest rate of 34% applies to goods with a value of more than 797,555 euros.

For complete information on our services related to obtaining an inheritance in Spain, please contact our lawyers.