Wills & Inheritance

In Spain, non-residents are subject to the same inheritance laws as residents. However, there are some specific rules and regulations that may apply to non-residents.

Here are some key points to consider:

  • Inheritance tax: Non-residents are subject to Spanish inheritance tax on any assets located in Spain, including property, bank accounts, and investments. The tax rate and exemptions vary depending on the relationship between the deceased and the beneficiary, as well as the value of the assets.
  • Succession laws: Spanish succession laws apply to non-residents who own assets in Spain. These laws establish who is entitled to inherit the deceased person’s assets and in what proportion. If the deceased did not leave a will, the assets will be distributed according to Spanish law.
  • Forced heirship: Spanish succession laws include the concept of forced heirship, which means that certain close relatives are entitled to a portion of the deceased person’s assets regardless of what is stated in the will. This can include children, parents, and spouses.
  • Double taxation: Non-residents may also be subject to double taxation on their Spanish assets, as they may also be taxed in their country of residence. However, there are tax treaties in place between Spain and many other countries to help alleviate this issue.
  • Legal representation: Non-residents may need to appoint a legal representative in Spain to handle the inheritance process on their behalf. This can include tasks such as filing the necessary paperwork, paying taxes, and distributing assets to the beneficiaries.

If you are a non-resident with assets in Spain, it is important to seek legal advice from a Spanish lawyer who is experienced in inheritance law to ensure that you understand your rights and obligations under Spanish law.

Our job as experts in Spanish inheritance law for non residents is to provide valuable guidance and support to clients who are navigating the complex and often emotional process of planning for the future and distributing assets after death. They can help ensure that clients’ wishes are carried out and that their assets are protected for future generations.

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