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If you are a non-resident or foreigner and you have bought a property in Spain, you may have wondered how to facilitate the transfer of your assets to your heirs abroad the day it is necessary.
Below, we answer the most common questions that clients of our law firm often ask us.
Is a will abroad valid to inherit assets in Spain?
Yes, a will before a foreign authority is valid to inherit assets in Spain. However, the heirs must legalise it, prove that it is the last will and testament, translate it and apostil it.
All of this will lengthen the procedures and make them more expensive. Furthermore, it should be borne in mind that in Spain the deadline for processing an inheritance is six months, counting from the death of the testator.
European Inheritance Regulation
For all citizens with nationality in one of the countries of the European Union, excluding Ireland and Great Britain, there is European Regulation no. 650/2012 of 4 July 2012. This regulation facilitates the processing of inheritances and simplifies the probate of wills drawn up before the authority of a European country.
The European Succession Regulation establishes the law applicable to the succession as the law of the testator’s habitual residence and not that of his or her nationality. It is a different matter if the testator specifies in his or her will that the law he or she wishes to apply to his or her succession is the law of his or her nationality. It is therefore the testator who chooses the law applicable to his or her inheritance at the time he or she draws up the will.
What are the advantages of making a will for a non-resident in Spain?
- It facilitates the transfer of assets in Spain at the time of death.
- It reduces the costs of legalising a will made abroad in order to inherit the assets in Spain.
- It prevents you from a possible misinterpretation of your will made abroad.
- The Will in Spain generally only refers to your assets in Spain, so it does not affect your assets in your home country.
What is needed to make a Will in Spain?
To make a will, you must go to a notary and explain how you want to leave your estate. Depending on the complexity of the will, the notary will ask you for deeds of the assets, draw up the will in writing and proceed to the execution of the will. That is why it is highly recommended to have the services of a good inheritance lawyer who will advise you on the Spanish Inheritance Law in order to manage your estate in the most appropriate way and avoid possible problems.
Solve your doubts
✅ Our staff speaks perfectly Spanish, Valencian, English and German with what will be able to communicate with us in your own language and thus clearly resolve your queries.
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