Inheritance & Wills
Inheritances involving assets in Spain and another European country require the coordination of two legal and tax systems simultaneously. Fau & Loustau Abogados processes international inheritances each year for British, German, French and Dutch clients with interests in Mojacar and the Coast of Almeria, applying EU Regulation 650/2012 to determine the applicable law and avoid conflicts between jurisdictions.
Our service covers everything from the preventive drafting of a Spanish will incorporating the professio iuris through to the full processing of the estate after death: obtaining the certificate of last wills, locating and valuing assets, acceptance, partition and distribution, settlement of Inheritance Tax and changes of ownership at the Land Registry. We work in coordination with solicitors and lawyers in the deceased's home country when assets exist abroad.
In Andalusia the 99% reduction on the Inheritance Tax liability for spouses, descendants and ascendants represents a very significant tax saving, but its correct application requires prior planning and strict compliance with deadlines. Our firm advises you on how to structure the inheritance to maximise this benefit and avoid errors that could generate surcharges or penalties.
How we help
- Drafting of wills in Spain for residents and non-residents
- Inclusion of the professio iuris pursuant to EU Regulation 650/2012
- Obtaining the certificate of last wills and death certificate
- Declaration of heirs intestate where there is no will
- Inventory, valuation and partition of the estate
- Settlement of Inheritance Tax with the 99% reduction
- Coordination with solicitors in the deceased's home country for international inheritances
- Processing of acceptance or renunciation of the inheritance
- Changes of ownership at the Land Registry and banks
- Preventive succession planning and lifetime gifts
Our process
Case analysis
We study the will, the assets involved and determine the applicable law under EU Regulation 650/2012.
Documentation and certificates
We obtain the death certificate, certificate of last wills, life insurance policies and title deeds.
Inventory and valuation
We identify and value all assets, debts and charges comprising the estate.
Acceptance and partition
We formalise the deed of acceptance and distribution before a notary with all heirs.
Tax settlement and inscription
We file the Inheritance Tax return and process changes of ownership at registries and banks.
Frequently asked questions
How much Inheritance Tax is payable in Andalusia?
Spouses, descendants and ascendants benefit from a 99% reduction on the tax liability, which in practice reduces the tax bill to 1% of the calculated amount. The filing deadline is 6 months from the date of death, extendable by a further 6 months if requested within the third month.
Is it better to make a will in Spain or in my home country?
We recommend making a will in Spain for assets located here. It greatly simplifies the process, reduces costs and timescales, and allows the inclusion of the professio iuris to choose the applicable law under EU Regulation 650/2012.
What is the professio iuris and why does it matter to me?
It is the right granted by EU Regulation 650/2012 to choose the law of your nationality, rather than the law of your habitual residence, as the law governing your succession. For a British or European national resident in Spain it is key to preserving the testamentary freedom of their national legal system.
What happens if there is no will?
A declaration of heirs intestate is processed before a notary if the heirs are descendants, ascendants or a spouse, or before the court in other cases. The process is lengthier and more expensive than with a will, which is why we always recommend making one.
Can I renounce an inheritance with debts?
Yes. Renunciation must be made by public deed before a notary and is irrevocable. There is also the option of acceptance with benefit of inventory, which limits the heir's liability to the value of the inherited assets. We advise on which option is best in your case.
Need help with Inheritance & Wills?
Contact us for an initial consultation with no obligation.