Dying without writing a will

Information and questions about the Law in Spain and Andalucia.
oliveview01
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Dying without writing a will

Postby oliveview01 » Mon Dec 05, 2016 3:46 pm

My friend said if you die and have no will the government takes the house or what ever the person had, if house was owned 50/50 they take 50% of the house. I have never heard of that rule before. We have wills!

El Cid
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Re: Dying without writing a will

Postby El Cid » Mon Dec 05, 2016 4:21 pm

They would apply the Spanish law of successions to the estate, so it would be divided up between relatives under strictly applied rules. Only if there an no relatives, including parents, siblings, cousins, nephews and nieces would the state have any right to the assets.

So, the answer is, yes they could, but it would be extremely rare.

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costakid
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Re: Dying without writing a will

Postby costakid » Mon Dec 05, 2016 9:03 pm

Sid, So if a wife with no will owned a property in her name then died and her husband survived her would he get the property or would it be divided up between multiple people.

oliveview01
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Re: Dying without writing a will

Postby oliveview01 » Mon Dec 05, 2016 10:24 pm

It would be divided between remaining spouse and any children, not sure what happens if no kids, surviving parents I guess or aunt/ uncle by blood

oliveview01
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Re: Dying without writing a will

Postby oliveview01 » Mon Dec 05, 2016 10:26 pm

Another thought, if not married you might not be entitled?

Manchesteral
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Re: Dying without writing a will

Postby Manchesteral » Fri Jan 20, 2017 9:48 pm

I haven't broached this subject yet with my local lawyer (but I will) but for example if I have only cash assets in Spain and I die unexpectedly what happens to the money, my inheritors live in The U K ?

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peteroldracer
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Re: Dying without writing a will

Postby peteroldracer » Fri Jan 20, 2017 10:10 pm

I will put my opinion gently and tactfully.....anyone who lives in Spain and has not properly done a Spanish will, with all the relevant clauses for a UK citizen is as thick as two short planks, and deserves every complication their legatees will get.
We are all going to die so just get it done.
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The saddest people are those that cannot laugh at themselves

wollie
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Re: Dying without writing a will

Postby wollie » Sat Jan 21, 2017 12:03 am

Yes I agree i'm a plank or maybe two..
Can we say leave our house to anyone wish?
For my own part I would rather wants/needs my place than for a relative to sell as there is a few other bits for them.
I will need to do something this year and be thankful for any advise that would be tax effective.

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peteroldracer
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Re: Dying without writing a will

Postby peteroldracer » Sat Jan 21, 2017 12:23 am

Whatever you do having a will would be more tax-effective than not having one?
The saddest people are those that cannot laugh at themselves

elusive
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Re: Dying without writing a will

Postby elusive » Sat Jan 21, 2017 9:42 am

Manchesteral wrote:I haven't broached this subject yet with my local lawyer (but I will) but for example if I have only cash assets in Spain and I die unexpectedly what happens to the money, my inheritors live in The U K ?

You have made a will i guess then.? Depending on gow much the assets are IHT could be due as the assets are in spain


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