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Inheritance and Spanish Wills

Posted: Thu Sep 5, 2024 11:01am
12 replies5 members subscribed
Kim007

Kim007

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Hello All
Hope all is well.  I do NOT want any of my English family to inherit from me whatsoever.  What laws can be used to prevent this?
I very much want everything to go to directly to my husband and all his family.  My siblings (they all reside in England) and have stolen our late parents' Spanish (late English parents' had a Spanish holiday home in Alicante and the proceeds from the sale of the paid casa remained in our late mother's Sabadell bank account.  One sibling stole from it; he used our late mother's Sabadell bank account and created a TransferWise online bank account (Wise) and made himself an Account Executor (supposedly joint executor with our late mother) and siphoned off the money and made 3 more Sabadell bank accounts.  Many things remain a mystery, and I suspect that they have not completed or declared everything to the UK HMRC and the Spanish inheritance tax authorities because if they had then it would have been included in their legal bundles in an English family cout of law and I would have received a copy.  

They will financially take me to the cleaners, put me in financial debt and either kill me or remove my legal and financial rights and declare me nutty etc.  Yes, they are all very nasty evil controlling narcissists.  Money is the root of all evil....

I'd very much appreciate any information, advice and tips. 
Cheers.  

  

Bryan995

Posted: Thu Sep 5, 2024 11:33am

Bryan995

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Posted: Thu Sep 5, 2024 11:33am

Good morning to you Kim...I had the SAME condition as your goodself.

I have an 'estranged' brother, and I stated to my notary, he receives ZERO!

My notary advised me, that should his name NOT be on the will, then he receives...ZERO!

Just confirm with YOUR notary, to confirm my 'opinion'

I sincerely hope that all works out fof you, and have a peaceful weekend...🅱️🌺.

Darro

Posted: Thu Sep 5, 2024 11:35am

Darro

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Posted: Thu Sep 5, 2024 11:35am

"What laws can be used to prevent this?"

None that I know of!

All you can do is liquidate your assets and hide them somewhere.

marcliff

Posted: Thu Sep 5, 2024 12:04pm

marcliff

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Posted: Thu Sep 5, 2024 12:04pm

If you draw up a Spanish will and stipulate it is to be handled according to the laws of your own country (England, Ireland or whatever) you can then stipulate who you want to leave the estate to.

If you simply draw it up without that it will be handled under Spanish law and the Law of Obligatory Heirs will leave 50% to your spouse and 50% to be divided between your children (who get one third), surviving children (eg from a previous marriage) which is one third and the other one third as you wish. This will occur if you have a will or not.

If your will specifically states you wish it to be dealt with under the laws of your own country you can leave whatever to whomever as long as it is stipulated in the will.

Foreign wills are accepted in Spain but must be officially translated into Spanish and notarised in Spain.

Kim007

Posted: Thu Sep 5, 2024 12:24pm

Kim007

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Posted: Thu Sep 5, 2024 12:24pm

Bryan995 wrote on Thu Sep 5, 2024 11:33am:

Good morning to you Kim...I had the SAME condition as your goodself.

I have an 'estranged' brother, and I stated to my notary, he receives ZERO!

My notary advised me, that should his name NOT be on the will, then he receives...ZERO!

Just confirm with YOUR notary, to confirm my 'opinion'

I sincerely hope that all works out fof you, and have a peaceful weekend...🅱️🌺.

Hi Bryan995,

Thank you for your comforting legal words of wisdom.  I am truly sorry to hear that you have also suffered from a horrendous legal and financial inheritance ordeal.  Did you file any legal documents in England and Spain with The Hague Apostille?
In a court of law either in England or Spain I definitely do NOT want any of my English family to ever inherit.  They have already stolen close to a million English and Spanish pounds/euros.     

Cheers.

  


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Kim007

Posted: Thu Sep 5, 2024 12:34pm

Kim007

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Posted: Thu Sep 5, 2024 12:34pm

marcliff wrote on Thu Sep 5, 2024 12:04pm:

If you draw up a Spanish will and stipulate it is to be handled according to the laws of your own country (England, Ireland or whatever) you can then stipulate who you want to leave the estate to.

If you simply draw it up without that it will be handled under Spanish law and the Law of Obligatory Heirs will leave 50% to your spouse and 50% to be divided between your children (who get one third), surviving children (eg from a previous marriage) which is one third and the other one third as ...

...you wish. This will occur if you have a will or not.

If your will specifically states you wish it to be dealt with under the laws of your own country you can leave whatever to whomever as long as it is stipulated in the will.

Foreign wills are accepted in Spain but must be officially translated into Spanish and notarised in Spain.

Hi Marcliff, 
Thank you for acts of kindness and sharing this information. 
My husband and I do not have children. 
My eldest sibling is married (his wife is half Swedish and half English) and has 2 children and my other sibling is a spinster and has no children - all residing in England.
My Belgian husband is the eldest of six in his family; they have children; some are married and some are divorced.  


Another question:  RE: Trust funds - If persons residing in (Valencia region) Spain set up trust funds do they reduce ones Spanish taxes?      

Cheers  

marcliff

Posted: Thu Sep 5, 2024 12:41pm

marcliff

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Posted: Thu Sep 5, 2024 12:41pm

Speak to Thy Will Be Done on here. Based in Benijofar but offers online consultations.

Kim007

Posted: Thu Sep 5, 2024 12:49pm

Kim007

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Posted: Thu Sep 5, 2024 12:49pm

marcliff wrote on Thu Sep 5, 2024 12:41pm:

Speak to Thy Will Be Done on here. Based in Benijofar but offers online consultations.

Hi Marcliff,

Thank you.  

Kimmy11

Posted: Thu Sep 5, 2024 4:59pm

Kimmy11

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Posted: Thu Sep 5, 2024 4:59pm

Kim007 wrote on Thu Sep 5, 2024 12:34pm:

Hi Marcliff, 
Thank you for acts of kindness and sharing this information. 
My husband and I do not have children. 
My eldest sibling is married (his wife is half Swedish and half English) and has 2 children and my other sibling is a spinster and has no children - ...

...all residing in England.
My Belgian husband is the eldest of six in his family; they have children; some are married and some are divorced.  


Another question:  RE: Trust funds - If persons residing in (Valencia region) Spain set up trust funds do they reduce ones Spanish taxes?      

Cheers  

Hi Kim,

Trusts don't exist under Spanish law, which no doubt explains why everything I've read about how foreign Trusts are dealt with by the Spanish tax office says they have to be analysed on a case by case basis and are "open to interpretation"!

To read some useful background, I'd suggest checking out page 5. of this document from the International Bar Association:

https://www.ibanet.org/document?id=private-client-tax-estate-planning-guide-Spain

It suggests to me that you need to take specialist tax planning advice, but even then, there's no guarantee that creating a Trust will be more tax efficient.

Kind regards,

Kim

Thy Will Be Done

Posted: Fri Sep 6, 2024 9:06am

Thy Will Be Done

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Posted: Fri Sep 6, 2024 9:06am

Hi Kim007,

Firstly, thanks to marcliff as always for the recommendation.

If you create a new Spanish Will using the EU 650/2012 succession clause stating (for example) that the law of England and Wales governs the succession of your estate declaring that your husband is your beneficiary and providing the details of who should be the reserve(s) should he predecease you and that Will is then notarised and lodged in Madrid, your wishes (as you state within your post) will be carried out upon your death.

Kimmy11 is absolutely correct in her response, Trusts are not recognised in Spain and are in the majority of cases considered non-existent.

If you wish to organise a new Spanish Will, we would be very happy to help, just give our reception team a call between 9 am and 4 pm Monday to Friday and either a telephone or face to face appointment with me can be arranged, whichever suits you best.

Kind regards

Paul


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