Wills and Inheritances
Wills and Inheritances. Foreigners' Assistance in Spain.
It is highly advisable that individuals with assets in Spain make a Will here in order to facilitate the procedures which their heirs will be obliged to complete, when the time comes.
A will is a document allowing assets to be distributed when the owner dies. It is respected at all times, unless it violates the rights of the mandatory heirs, and can also be revoked and modified as often as required.
The applicable legislation in establishing the legal heirs and their rights to the assets is that of the country of nationality of the deceased.
Making a will avoids the subsequent procedures which could represent an additional expense, and is thus the best way of resolving issues of distribution in advance. It is therefore best to be as precise as possible in allocating specific assets to each heir.
In Spain, wills must be executed before a notary, with any private agreements or documents being considered null and void, while the document must be drawn up in Spanish and the language of the testator. A translator must necessarily be present to certify that the translation is true and accurate. As the administration of an inheritance is a complex affair requiring far-reaching analysis of the many different possible situations, and would be too involved to enter into here, we would simply mention that at CYCLO we are experts in this type of procedure, at times involving complex situations which require solid know-how and considerable experience in this field.