Leaving our house to my son

Information and questions about the Law in Spain and Andalucia.
elusive
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Re: Leaving our house to my son

Postby elusive » Tue Feb 16, 2021 8:30 pm

then the current plan to leave the house directly to his son will be illegal under Spanish law
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His son would get it under spanish law anyway even if there was no will

El Cid
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Re: Leaving our house to my son

Postby El Cid » Tue Feb 16, 2021 9:09 pm

If there was a proper will with the correct clause in it, the son would get the house.

It’s all pretty simple and was explained at the start of the thread. I don’t understand why some people need to over complicate a simple situation..

Sid

Paddy Pumpkin
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Re: Leaving our house to my son

Postby Paddy Pumpkin » Tue Feb 16, 2021 9:09 pm

N

Paddy Pumpkin
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Re: Leaving our house to my son

Postby Paddy Pumpkin » Tue Feb 16, 2021 9:17 pm

elusive wrote: Tue Feb 16, 2021 8:30 pm then the current plan to leave the house directly to his son will be illegal under Spanish law
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His son would get it under spanish law anyway even if there was no will
No...if the wife was still alive she cannot be disinherited

As Sid said....Spanish will with clause saying I want UK (or wherever is applicable ) inheritance law to apply.

That will give the OP what they want legally/inheritance law wise.

They should just take some advice on tax as if they do that (leave a Spanish house to a UK resident son on death) they may pay quite a lot more tax than they need to.

elusive
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Re: Leaving our house to my son

Postby elusive » Tue Feb 16, 2021 9:39 pm

Under spanish law the kids get everything before the spouse. Theres even been cases where the parents of the deceased have survived their child and got everything before their spouse. Hence the need for a english etc clause as under that law the spouse gets everything first.

Paddy Pumpkin
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Re: Leaving our house to my son

Postby Paddy Pumpkin » Wed Feb 17, 2021 11:25 am

Not exactly. The kids get two thirds, but not evenly distributed (I won't dwell on exact details)

So in this case house is jointly owned by OP and wife and there maybe more than one child (i guess not but assumption is the mother of all fxck ups).

So in short he need to make a Spanish will with UK clause, otherwise he is just asking for trouble.


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