My husband died in January 2015. We were both resident in the UK and jointly owned a apartment in Andalucia.
I have received an offer for the apartment and am keen to sell it, but my Spanish lawyer says I need to keep it for at least four years. We bought it over 10 years ago and it is selling for less than we paid for it. We made a Spanish will but had no intention on retiring to Spain. There is no debt on the property. I cannot get a clear answer from my lawyer, he says the problem is with Madrid. Why can’t I pay the IHT and sell the property?
First of all I’m very sorry to hear of the death of your husband. Normally inheritance tax is due within six months of the death to avoid any penalties. If the authorities haven’t been told of the death for 4 1/2 years or so the surviving spouse may avoid paying inheritance tax. But you really need to clarify what is happening with your lawyer. I know what a confusing time all this is. Best wishes.
We are lawyers in Málaga, Andalucía. We have large experience in inheritance law, Non resident tax law and conveyance. If you want to have a profesional legal advice of your case we could revise your case and provide full information of the steps to be taken to sell the property.