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Special Spanish inheritance conditions
International inheritance is a very complex legal area. The Spanish inheritance conditions are very different from the Scandinavian inheritance conditions, and therefore Scandinavian heirs, lawyers and trustees must pay special attention to matters such as:
- that there is no Probate court as in the Scandinavian countries
- the succession process does not start automatically, but only starts at the initiative of the heirs
- that no independent legal person (estate) arises
- that a property can only be sold after the succession process in Spain has been completed and that the Spanish inheritance tax has been paid
- that a last will can always be revoked
- there is a 6-month period for payment of Spanish inheritance tax.
Why sign a Spanish will?
If you are considering investing in real estate in Spain, you should also consider signing a Spanish will. Zafo Law recommends that all Scandinavians who own real estate in Spain sign a Spanish will, whether resident or non-resident in Spain.
Use of Scandinavian inheritance law in Spain
When the nationality of the deceased is Scandinavian, the completion of a succession process in Spain automatically takes on a complex legal angle. This situation often means that the Scandinavian inheritance law can be used, but only to the extent that it can be understood through the eyes of a Spanish notary.
It can therefore be very crucial that legal assistance is provided by a Spanish law firm familiar with the Scandinavian inheritance law.
Zafo Law assists both heirs, lawyers, and trustees in the following areas:
- Spanish will
- International inheritance
- Succession process via public notary in Spain
- Succession litigation via Spanish courts
Spanish inheritance and last will
In Spain, there is no probate court and there are no public authorities that start a probate process. The initiative lies with the heirs. When the deceased was resident in Spain, all assets, both inside and outside Spain, must be included in the probate process in Spain. A Spanish will saves the heirs many troubles.
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