HOW WE CAN HELP
In MD lawyers we can provide you with all the necessary guarantees, studying your case and preparing a separate will relating to the assets which you hold in Spain.
Inheritance Law varies from country to country. It is important to know that, regardless of the place of death, the applicable law is that from the deceased´s country of birth. However, what happens when the deceased had assets in Spain?
If you are a legal heir, there are certain steps to follow if you wish to transfer the assets you have inherited in Spain in order for them to be in your name:
- If the deceased has left a Will in Spain, you will only have to finalise the estate probate before a Spanish Notary.
- If the deceased has left a Will in his/her country of origin but not in Spain, this Will must be validated in Spain.
- If the person dies ab-intestato, that is, if he/she has left no Will in his/her country or in Spain, the estate can be dealt with in Spain before a Public Notary.
- If the different heirs have not reached an agreement with regard to the estate and the inheritance, the case will need to be heard by a Spanish Judge.
Time scale will change depending if you are on one of those scales, so we recommend to do a will; the “last” will is the one that will be valid so do not be afraid on changing it the times that you consider.