Spanish property - inheritance disputes

Spanish inheritance laws, laws of succession, differ from those in the UK, and when dealing with a non-resident's property after death requires an understanding of Spanish inheritance law. 

Here, we explain what happens when a person owns a property in Spain but whose domicile is the UK after death, if there is no will and discuss the common types of Spanish property ownership disputes.

Click on a link to that section:

• What happens to the ownership of a Spanish property according to Spanish inheritance law?

Read the Spanish laws surrounding property inheritance.

• Common types of Spanish property inheritance disputes

Read some common causes of disputes over Spanish property inheritance.

• Preventing disputes over property inheritance

Find out how you can prevent property inheritance disputes from arising.

Dealing with a British resident's Spanish property after death

If an individual is a foreign national who owns a property in Spain but is not a resident of Spain dies intestate (not having made a will) their estate will be distributed according to the Spanish law of succession. These laws differ widely from those of England & Wales. The decease's children, spouse and parents are potential  'legal beneficiaries'.  The estate is apportioned to the beneficiaries in strictly defined portions.  According to Spanish Inheritance Law, if an individual dies leaving children and a spouse (presuming the wife is included in the title deeds as the half-owner), they will leave 50 per cent of the property to their surviving spouse. The other half is divided equally between the children.

However, if you are dealing with the estate of a relative who is not Spanish and they have made a Spanish will, they can leave the property to the person/s of their choice, as stated in the will.

Do you need guidance on ensuring your property is left to the person/s of your choice? Read how Giambrone can help.

Dealing with the property

If a Spanish Will exists

A copy of a death certificate will be needed before an application can be made for a legal copy of the Spanish Will. A valuation of the deceased's Spanish estate must be made, after which administration of the estate can begin.

If there is only a UK Will

In the case that there is only a UK Will, documents must be translated, notarised and apostilled before administration of the estate can proceed. The documents that will require translation are:

• The Death Certificate

• The UK Will

• The Grant of Representation.

In some cases, it may be necessary to provide a Certificate of Law explaining the law of intestacy in the resident country.

The Notary has responsibility for carrying out essential checks, such as ensuring that beneficiaries are entitled to the assets of the deceased. Legally, formalities for transferring property to beneficiaries must be completed before a Spanish Notary.

Common types of Spanish property ownership disputes

Often, heirs do not agree on the administration of the estate. For example, they may feel that they deserve to inherit the property alone, or they may feel that they deserve to own a higher share of a property than another heir. Heirs can take such disputes to a Spanish court, or in some cases the disagreement can be resolved through methods of alternative dispute resolution.

Spanish Wills can often be contested due to the following reasons:

• the inheritor considers that the document is invalid, as a consequence of the way it was drafted;

• the testator did not have the testamentary capacity, which means that the document was never intended to be a will;

• the testator did not offer his approval on the respective document;

• fraud matters;

• the inheritor considers that the testator did not have the required mental capacity for writing a Will;

• undue influence – the testator was influenced or forced to specify a certain provision he or she did not wish to include in the document.

Do you have legal grounds to contest a Spanish Will? Contact us here for assistance.

In some cases, beneficiaries of estates decide not to accept what has been left to them mainly due to the debts on the estate which exceed the value of the inheritance. In rejecting an inheritance, it automatically falls to the next in line to inherit. This can cause complications if none of the beneficiaries wish to accept the property.

Find out how we can help you to resolve your Spanish property inheritance dispute here.

Do you need to use two different lawyers to deal with the UK and Spanish assets?

An English-speaking law firm may have a good understanding of Spanish Probate law if they are specifically experienced in cross-border inheritance. It is ideal to engage a law firm with expertise in cross-border issues and has an office in Spain, as this will remove the need to instruct two different law firms.

Are you looking for a law firm that deals with both UK and Spanish inheritance law? Find out how Giambrone can help.

Preventing disputes over property inheritance

If you are a non-resident living in Spain, you can avoid your benefactors having to bear the cost of document translation and authentications before public notaries by drafting a Spanish Will. Giambrone’s lawyers have years of experience and are experts in dealing with both complex and simple estates and will advise you as to the best approach to protect your estate from lengthy legal wrangles should an unexpected challenge be launched.

Read our full guide to writing a Spanish Will here.

If you are dealing with a non-resident's property after death, you should ensure you follow the correct procedure and ensure that the necessary documents are translated into Spanish. It is also important to check whether a Spanish or UK Will has been made, or whether property inheritance will be determined by Spanish inheritance law. Read more about Spanish Probate law here.

What are the benefits of seeking legal advice, and how can Giambrone assist?

A solicitor who has a depth of understanding of both UK and Spanish Law is the ideal legal representative for your dispute. Spanish probate can be very complicated and the costs can be high without legal help.

Giambrone is an award-winning law firm with a network of offices in cities including London, Glasgow and Barcelona. Our expert lawyers have a detailed understanding of the complexities of Spanish and UK law, so we can ensure you get the right outcome when inheriting from someone who has died in Spain. Our lawyers can advise you as to the best approach to protect your estate from lengthy legal wrangles should an unexpected challenge be launched.

Our lawyers can also assist you with:

• Drafting a Spanish Will

• Contesting a Spanish Will

• Assisting you in dealing with your late relative’s property.

Contact us today for assistance, or read how we can help here.