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Return to Conveyancing Guidelines |
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OTHER
LEGAL MATTERS
Making a
will in Spain
Even if you have a will in your home
country, it is also wise to make a Spanish will that disposes of your
property here. Spanish succession law is quite complicated and may differ
greatly from what you are used to at home.
The Spanish law on wills is designed
primarily to protect heirs within the family. A number of restrictions are
therefore placed on the testator’s freedom to dispose of his estate as he
wishes. If a foreign resident dies intestate his property will be
distributed according to Spanish succession law. A summary of Spanish
succession law follows:
if somebody dies leaving children, one
third of the estate passes to his surviving children in equal parts.
a further third also passes to the children, but the testator is free to
divide this part as he sees fit, for example by giving one child more than
the others. In the case that the deceased has not made a will this third
will also be divided in equal parts.
A surviving spouse of the deceased will have a lifetime interest in this
second third, in other words the children will not be able to dispose of
it freely until the spouse also dies.
The remaining third may be willed to whoever the testator chooses.
If a child has died leaving children (grandchildren of the deceased) they
will automatically inherit his share, if the deceased has no children,
surviving parents of the deceased have a statutory right to one third of
the estate, if there is a surviving spouse, and one half of the estate, if
there is no surviving spouse.
You may have made provisions in the will you made in your home country for
the disposal of your assets in Spain and in theory these dispositions
should be respected here too. However, the legal procedure to enforce this
in Spain is very lengthy and expensive and any final decisions are subject
to the discretion of the courts. Your heirs may become involved in
protracted and distressing legal procedures. Furthermore, if you have a
definite idea about how you would like your estate to be distributed,
particularly if this is not in line with the provisions of Spanish
succession law, it is imperative that you make a Spanish will.
Once you have made a will in Spain it is very important to
ensure that your home country will excludes your Spanish assets and that
any subsequent wills made abroad do not supersede the provisions made in
your Spanish will either.
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The
Purchasing Process
1. Finding a Property.
2.
Real Estate Agents.
3. Choosing a Lawyer.
4. Negotiating the purchase.
5. The Reservation Contract and Deposit.
6. Exchange of Private Purchase Contracts.
7. Completion.
8. Registry.
9. Special Considerations when buying
Off-Plan.
10.
Fees when buying.
11.
Taxes when buying.
12.
Other Expenses.
13.
Differences between the contract price & the amount actually paid.
Selling
1. Real Estate Agent & Lawyer.
2. Fees when selling.
3. Taxes when selling.
Charges Taxes &
Expenses for Property
1. Service Charges in Communities.
2. Annual Real Estate Tax. ( IBI )
3. Rubbish Collection Tax.
4. Capital Assets Tax.
5. Property Owners’ Imputed Income Tax.
6. The Tax Returns.
7. Insurance.
8. Mortgages.
Other Legal
Matters
1. NIE – Identification number.
2. Open Spanish Bank Account.
3. Making a will in Spain.
4. Inheritance Tax.
5. Investment Opportunities on Spain.
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