Spanish property – no will

This topic contains 5 replies, has 4 voices, and was last updated by  Anonymous 5 years, 9 months ago.

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  • #57830


    My Uncle has died and has left a Uk mirror will with my Aunt; this will does not mention a flat in Spain which he owned in his name; there is no Spanish will as he ‘hadn’t got round to it.’ There are no children; there is my Aunt, a sister and five nephews. i understand that there is a fairly complicated process to go through to transfer the property, and as it is not a valuable asset ( a two bedroom flat) my Aunt is concerned that the costs will exceed the value. I am wondering if there is any way of calculating the likely transfer costs. I would be grateful for any advice.

  • #118516


    Hi passionflower,

    If your uncle left her as universal heir and there is no Spanish will, she will inherit according English Law, which will be the applicable Law in this case, but you will need:

    .- Translate and Apostille: Will, Confirmation, Certificate of death, Certificate of English Law,
    .-Obtain a Spanish Certificate of no Will
    .- Certified copy of passport and obtain NIE in case she hasn’t
    .- Regarding the taxes, there are two: Plusvalia and Inherit, and both depends of the value of the property
    .- Plusvalia is difficult to know before, because it depends also of the council and time owned
    .- Succesion Tax i.e for a property of 100,000€ would be around 10,000€
    .- Notary and Registry fees would be around 1,200€
    .- Legal fees around 2,000+VAt if you do with a Lawyer from UK

    So if the property is valued in 100,000€ the cost of inherit could be around 17,000€(£14,000). I know Taxes are very high, but if she doesn’t do it, she will lose more.

    I am a Spanish Lawyer based in UK, and I would be pleased to help you. Also more information

    I hope it helps

  • #118518


    The link in dalogar’s helpful post doesn’t work. Here is the corrected version:

  • #118519


    Thank you both very much; I will talk to my Aunt and take it forward.

  • #118520


    Thanks for sorting out the link GarySFBCN

  • #118539


    If you file for that property the ownership will be easily transfer to the legal heir.And if your uncle has no child than the property will be transfer to a person that is entitled for legal heir in the UK and that will be your aunt.

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