Death, what now?

Do you have a query on how to get things done in Andalucia, where to find things, who to call? Find out by posting and hear about others experiences.
User avatar
gruff
Resident
Posts: 546
Joined: Tue Apr 08, 2008 7:18 pm
Location: Wakefield and Iznate

Death, what now?

Postby gruff » Mon Sep 23, 2019 2:50 pm

Sadly my best friend died suddenly at the weekend. She has a house in Iznate. Her Spanish will names me as the "universal heir to her assets". Although I have visited Spain and her house many times in the past 20 years I have not had the need to get an NIE number or anything like that.

Not for the first time in the past couple of days I am saying,"What do I do now?

Manchesteral
Resident
Posts: 1967
Joined: Wed Mar 12, 2014 11:48 pm

Re: Death, what now?

Postby Manchesteral » Mon Sep 23, 2019 3:06 pm

Sorry to hear of the death of your friend.

I'm wondering if her Abogado can help you with this, are you planning to sell it or live there ?

User avatar
gruff
Resident
Posts: 546
Joined: Tue Apr 08, 2008 7:18 pm
Location: Wakefield and Iznate

Re: Death, what now?

Postby gruff » Mon Sep 23, 2019 3:19 pm

For the present time I'm keeping it so I will be the new owner..

El Cid
Andalucia Guru
Posts: 16058
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: Death, what now?

Postby El Cid » Mon Sep 23, 2019 3:34 pm

You won’t be the owner until you have paid any IHT due.

Go and talk to a lawyer. Was she a resident? Was she Spanish?

Look in the FAQ section for more useful info.

Sid

Beachcomber
Andalucia Guru
Posts: 11081
Joined: Tue Jun 15, 2004 11:11 pm
Location: Guadalhorce Valley

Re: Death, what now?

Postby Beachcomber » Mon Sep 23, 2019 3:39 pm

Unless you have the wherewithal to complete the procedure yourself you will need to get some professional help.

As you are apparently not related to the deceased person you will have to pay a considerable amount of inheritance tax and you need to ensure that accepting the inheritance is a viable proposition.

User avatar
gruff
Resident
Posts: 546
Joined: Tue Apr 08, 2008 7:18 pm
Location: Wakefield and Iznate

Re: Death, what now?

Postby gruff » Mon Sep 23, 2019 4:41 pm

Thanks Beachcomber, just what I wanted to hear right now.

User avatar
spanish_lad
Andalucia Guru
Posts: 6218
Joined: Fri Apr 15, 2005 10:13 pm
Location: Alhaurin el Grande since 99, cartama campo since 2022

Re: Death, what now?

Postby spanish_lad » Mon Sep 23, 2019 6:11 pm

gruff wrote:Sadly my best friend died suddenly at the weekend. She has a house in Iznate. Her Spanish will names me as the "universal heir to her assets". Although I have visited Spain and her house many times in the past 20 years I have not had the need to get an NIE number or anything like that.

Not for the first time in the past couple of days I am saying,"What do I do now?

I had to do this with my mum...

its not just the house.. its the bank accounts, the savings accounts, its the car ( or boat or motorbike), any jewellery of value, any paintings of value, any pets, basically anything that can be taxed. if she has another apartment etc that she used to rent out, does she still own property in the UK etc etc?

does she not have any children? I´m not sure how that would affect your inheritance.

The first thing I would do is contact her lawyer?

I read somewhere that you have 6 months to pay, and if you cant pay, it can be deducted from anything that she has - first banks (because its "just money") and then they will sell something to recover the money, ie: sell the car to pay the inheritance on the house etc.

good luck.. while its sad and upsetting.. time is of the essence.


We had a letter from the inheritance people in our local town a few weeks after my mum passed, asking us to come in to fill in the forms. Does the notary (where her will is) have your name / address / contact details ?

My mum had an old car and half the house with my dad. I´m the only son, so her half of the house went to me, as well as the car (dad said he didnt want it because he doesnt drive). Hacienda didnt contact me to pay anything.
Alhaurin el Grande since 99, working at the airport since 2011.

User avatar
gruff
Resident
Posts: 546
Joined: Tue Apr 08, 2008 7:18 pm
Location: Wakefield and Iznate

Re: Death, what now?

Postby gruff » Mon Sep 23, 2019 6:17 pm

Sorry, Beach, know you meant well. Thanks Sid.

She wasn't resident in Spain, just a holiday home. She has died in the UK so they are not aware of it yet.
What do I need to take to the notary?

User avatar
spanish_lad
Andalucia Guru
Posts: 6218
Joined: Fri Apr 15, 2005 10:13 pm
Location: Alhaurin el Grande since 99, cartama campo since 2022

Re: Death, what now?

Postby spanish_lad » Mon Sep 23, 2019 7:10 pm

ohh, i will have to leave that one to sid and beach - my mum was resident so they knew as soon as the death was registered (a few hours after it happened - the hospital sent the information)

i´ve no idea where to start with that one - as she wasnt resident and passed away while not in spain - i would of though that an english will would be what is "in power"...

I´m sorry that I cant be of any more help in this sad time.
Alhaurin el Grande since 99, working at the airport since 2011.

El Cid
Andalucia Guru
Posts: 16058
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: Death, what now?

Postby El Cid » Mon Sep 23, 2019 8:22 pm

gruff wrote:Sorry, Beach, know you meant well. Thanks Sid.

She wasn't resident in Spain, just a holiday home. She has died in the UK so they are not aware of it yet.
What do I need to take to the notary?

Are you tax resident?

Roughly what value is the house?

Sid

User avatar
costakid
Andalucia Guru
Posts: 5754
Joined: Sun Feb 13, 2005 11:55 am
Location: malaga este

Re: Death, what now?

Postby costakid » Tue Sep 24, 2019 8:00 am

I think it still works like this re tax. the further you are removed family wise from the deceased the more tax you pay. Wife/ husband would be the cheapest, you being a friend and not a relative would pay the maximum.

User avatar
gruff
Resident
Posts: 546
Joined: Tue Apr 08, 2008 7:18 pm
Location: Wakefield and Iznate

Re: Death, what now?

Postby gruff » Tue Sep 24, 2019 9:10 am

I'm not tax resident, I believe the house is worth about 180,000 euros and was purchased 20 years ago. When I started this thread I called her my best friend. It was much deeper than that and I have every intention of following her will.

El Cid
Andalucia Guru
Posts: 16058
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: Death, what now?

Postby El Cid » Tue Sep 24, 2019 9:36 am

Basically, you get no allowances at all and the tax is doubled as you are not a relative. It works out at €56k. Unfortunately the tax has to be paid in full before the house can be sold.

Sid

Free at Last
Resident
Posts: 1911
Joined: Thu Dec 07, 2006 1:32 pm
Location: Velez-Malaga

Re: Death, what now?

Postby Free at Last » Tue Sep 24, 2019 9:42 am

In addition to the IHT, I'm sorry to have to tell you that once the tax has been paid and the property transferred to you, you will also be liable to pay plus valia to the Ayuntamiento and if your friend had owned it for 20 years it may be quite a substantial sum.

A few years ago a friend inherited a property here from her brother. Neither of them were Spanish residents. He had bought the house for €90k and she had to pay over €20k in IHT, plus legal fees. She had inherited his estate in the UK too, though, and as she was able to get the UK grant of probate through within the 6 month timescale for the IHT to be paid in Spain, that freed up cash to enable her to pay the Spanish IHT. She used the same lawyer here as her brother did when he bought the property initially. They took care of paying the IHT, then an Escritura de Herencia had to be drawn up via the notary to enable ownership of the property and the funds in his non-resident bank account to be transferred to her. Then the plus valia had to be paid.

User avatar
gruff
Resident
Posts: 546
Joined: Tue Apr 08, 2008 7:18 pm
Location: Wakefield and Iznate

Re: Death, what now?

Postby gruff » Tue Sep 24, 2019 10:24 am

Well, that is all good news. What are my options?

User avatar
costakid
Andalucia Guru
Posts: 5754
Joined: Sun Feb 13, 2005 11:55 am
Location: malaga este

Re: Death, what now?

Postby costakid » Tue Sep 24, 2019 11:17 am

your options are walk away but if as you say you will honour her will then you are going to have to pay up unfortunately.

El Cid
Andalucia Guru
Posts: 16058
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: Death, what now?

Postby El Cid » Tue Sep 24, 2019 11:19 am

You have to find the money and complete the paperwork within 6 months. You can apply for a six month extension.

The first thing to do if find a lawyer. It's not a DIY job!

This article may be useful. https://****/ ... tance-tax/

You do have the option of rejecting the inheritance, in which case it would pass to relatives of the deceased.

Sid

User avatar
Enrique
Andalucia Guru
Posts: 9488
Joined: Tue Mar 24, 2009 9:47 am
Location: Mytchett/Alcala La Real

Re: Death, what now?

Postby Enrique » Tue Sep 24, 2019 1:16 pm

SID's link ?

Our Site doesn't like the link............
https://****/ ... tance-tax/

So as it has been approved by a MOD...........just Google............ /2016/02/08/spanish-inheritance-tax/
and you will get the article................
All my best learning experiences start with a problem I need to solve.

katy
Andalucia Guru
Posts: 13752
Joined: Thu Jun 24, 2004 3:45 pm

Re: Death, what now?

Postby katy » Tue Sep 24, 2019 1:27 pm

Problem is do you have the cash to pay the tax. We heard it is not possible to get a mortgage to pay. An old thread here what happened to us when inheriting. Most of us didn't want to lay out the money in a rapidly falling market. Would probably have rejected it if the Lawyer hadn't come up with a solution.

viewtopic.php?f=41&t=35224&p=342770&hil ... nt#p342770

Free at Last
Resident
Posts: 1911
Joined: Thu Dec 07, 2006 1:32 pm
Location: Velez-Malaga

Re: Death, what now?

Postby Free at Last » Tue Sep 24, 2019 8:05 pm

As the property is in Iznate, it looks as though there could be one glimmer of good news for you - in that municipality they decided to-reduce the plus valia due on inherited properties by 95%. This article says there are no conditions attached so the fact that you are not resident presumably does not matter.

https://www.diariosur.es/axarquia/iznat ... 25-nt.html


Who is online

Users browsing this forum: Google [Bot] and 37 guests