In this article we dicuss all you need to know about Spanish forced heirship and inheritance. We make a will to ensure our loved ones receive what we want them to once we go. Our assets are distributed as per our wishes, and everything should run smoothly for our family once we are gone. However, when dealing with assets in Spain, things may differ.
Spanish Forced Heirship – What is it?
Forced heirship means that a set portion of a deceased person’s estate in Spain must go to their children or next of kin. This amount currently sits at 2/3, meaning almost 70% of all assets. 1/3 is to be equally shared between all children, with the remainder distributed per the deceased’s wishes stated in their will. This also includes illegitimate children, even if the parent did not acknowledge or bring up the child.
Forced heirship does not apply in England or Wales, meaning UK citizens with assets in Spain can be caught out by this. The conflict between English and Spanish probate law has and will continue to cause issues for Brits who have made a will in England but now live and own assets in Spain. It can, however, be avoided.
Forced Heirship in Spain – Does it Apply to all Estates?
If the deceased person owned land or property in the UK at the time of their death, English probate law should apply, and Spanish probate law regarding forced heirship is not applicable. The estate will be dealt with according to the wishes outlined in the will, as English probate law does not include forced heirship.
If the deceased did not own any property or land in the UK at the time of their death and lived in Spain (semi-permanently or permanently), then Spanish heirship law will affect their estate and the distribution of assets. With Spanish probate laws in mind, it is important to ensure you get your estate in order and your will reflects your wishes regarding your assets. This should be considered before investing in assets in Spain or moving there permanently or semi-permanently.
Contact Us
If you live in Spain and own property or have assets there, you may be worried about how Spanish laws will affect your estate. For professional assistance with Spanish probate, contact Spanish Probate Matters on 0208 1502010.
