What happens if you die without a will in Spain?
Here’s what happens to the money if someone dies and doesn’t have a will for Spanish assets
Dying without a will can lead to significant complications, especially in a foreign country like Spain, where inheritance laws may differ considerably from those in your home country. Understanding these implications is crucial for anyone residing in Spain or holding assets there.
In Spain, if you die without a will, the law dictates that your estate is distributed according to strict legal guidelines. Under Spanish inheritance law, your children and spouse are designated as the legal beneficiaries. This means that a significant portion of your estate will be automatically allocated to them, regardless of your personal wishes.
Specifically, Spanish inheritance law divides your estate into three parts: one-third goes to your children equally; another third goes to your children but allows the parent to decide how to distribute it among them (known as ‘mejora’); and the final third, known as the ‘free disposal’ portion, can be allocated according to your preferences. However, if you die without a will, even this final third will be subject to the default rules of intestacy, meaning you lose any control over its distribution.
The situation can become even more complex depending on your habitual residence at the time of your death. If you are habitually resident in Spain, Spanish law will generally apply to your estate. This can significantly limit your ability to distribute your assets as you see fit, particularly if you have no will from either Spain or the UK. In such cases, you might only have one-third of your estate to distribute freely, with the rest being automatically allocated to your legal heirs under Spanish law.
For expatriates and those with dual residency, the absence of a will can lead to unforeseen consequences and potential legal disputes among heirs. It underscores the importance of having a legally recognised will in place, tailored to the specific legal frameworks of wills in both Spain and the UK, if applicable.
Heniam & Associates offers expert advice and services to help expats draft a will that aligns with their wishes and complies with the relevant legal requirements. By working with experienced legal professionals, expats can ensure that their estate is managed according to their intentions, providing peace of mind for loved ones.
Don’t leave the distribution of your estate to chance. Contact Heniam & Associates today to secure your assets and ensure that your wishes are honoured, no matter what:
Address
Office 1: Monteclaro 1, 30389 La Manga Club / Office 2: Calle Delta del Danubio, 30385 Los BelonesTel: 0034 868 707 917
Mobile: 0034 689 017 754
Mobile: 0034 689 017 754
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Heniam & Associates for Conveyancing, paperwork, legal advice and immigration throughout the Region of Murcia
Catering for the needs of expats living all over Spain, and particularly in the Costa Cálida and the Costa Blanca, Heniam & Associates offer a wide range of services including conveyancing, legal and administrative advice.
At the same time, their team of dedicated professionals appreciate the need to assist you in an easy and reliable manner, allowing you as much time as possible to enjoy your freedom, relax and make the most out of life in Spain. Without sacrificing efficiency, they offer personalised services to each and every client, listening to their needs in order to provide exactly the right service and desired outcome.
In the all-important field of Legal and Administrative Services, Heniam & Associates provide help in a wide range of matters including (but not limited to):
- Conveyancing
- Legal and professional communication assistance
- NIE and TIE Applications
- Commercial and company set-up and licensing
- Spanish health and administrative services
- Support and assistance with regulatory bodies
- Professional will writing services and advice on intestate inheritance laws (both in the UK and in Spain)
- Contract drafting (for businesses and individuals)
- Dispute resolution
- Digital signatures and certificates
Whether taking advantage of our conveyancing services or any other legal matter Heniam & Associates’ business partner HeniamLegal will represent you in the best possible way, excelling especially in their conveyancing service.
When buying a property in a foreign country it can be challenging to understand all of the
steps that have to be taken. Heniam knows that buying a home can be stressful and
they want to ensure that you have the resources that you need to make sure that the
transaction is as smooth as possible so that you can start to enjoy your new home without worrying about the details and any purchase pitfalls.
HeniamLegal will be on hand to assist you with every part of the process. They have
dedicated professionals on hand to assist you every step of the way ensuring that all
of the relevant checks and investigations are carried out and, of course, negotiating on your behalf and protecting your interests. You will always have the support you need with HeniamLegal and Heniam & Associates.
In addition, translation services are provided either for written documents or for occasions such as visits to the doctor or to administrative offices, and assistance is provided in finding the best deal on foreign currency transfers.
They have two offices in the Region of Murcia, one on La Manga Club and one in Los Belones:
Heniam & Associates La Manga Club
Monteclaro, 1
30389
La Manga Club
Murcia
Appointment only — contact to book a slot now
Heniam & Associates Los Belones
Calle Delta del Danubio, 3
30385
Los Belones
Murcia
Opening Times
- Monday to Friday: 9.30am - 2pm
Afternoon appointments available on request
To find out how Heniam & Associates can help you by taking the strain out of life in Spain, contact them for further information!
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