Avoiding Spanish Inheritance laws - is it possible?

[Bongtrees]

Does anyone know of a definitive reference to Spanish inheritance laws for non-spanish nationals?.

Two couple who have taken legal advice with different abogados and are getting confused with conflicting advice.

Both couples need to avoid Spanish inheritance laws, all are English and all resident in Spain.

Couple No. 1 are married but do not want their children or grandchildren or relatives to inherit anything and they want to leave it to the surviving spouse and eventually to a favourite charity. Neither has a Spanish will each has a UK will expressing the above.

Couple 2 are divorcees living together unmarried, each having children from previous marriages and none of their own. Each wants to leave their half to their respective offspring or relatives. Escritura is in joint names with no special conditions, usufruct I think it is called, and neither has a Spanish will. Forgot to ask about UK will.

Mike

[brenda]

First job - talk to lawyer and get Spanish Will!

[El Cid]

If you have a will in your home country and that will is in accordance with the laws of that country then the Spanish will accept that will.

Under UK law you are free to dispose of your estate however you think fit.

If you die intestate then Spanish inheritance law would apply.

The only possible problem is if one of your children contest the will in the Spanish courts then it is possible that they could be awarded their inheritance.

Having a Spanish will makes no difference to the situation at all. It merely speeds up the process of probate and is not a requirement, however it does make sense to have one.

I am not sure if you would call ita definitive source but have a look at http://tinyurl.com/89e87

Sid

[Marina]

I understood from my lawyer that our UK will is relevant only to assets in the UK. We were advised to make a Spanish one to cover our assets here,as they would be disposed of under Spanish law. So now we have both.

[costakid]

You don't have to have a Spanish will but if you have it speeds up the process. If you hav'nt a Spanish will your UK one will do but i think you have to get it translated which would be as costly as having a Spanish wll in the firts place.
A Spanish will costs about 125€ as long as it is pretty straight forward.

[silver]

Usufructo gives the rite (have I got that right) to use. without being the owner.
Property owned by Mr A with Mr B having the usufructo.
Mr B..can use or recieve benifits from property but can not sell.
Mr A can only sell when Mr B gives up his rite or dies.
Usufructo can be added to deeds or wills.
If there is an usufructo in the deeds for the surviving spouse..the children or favourite charity would own their share but could not use while usufructo is in vigor.[/quote]