Dying without writing a will

Information and questions about the Law in Spain and Andalucia.
oliveview01
Andalucia Guru
Posts: 2984
Joined: Sat Feb 26, 2005 2:31 pm
Location: Sevilla

Dying without writing a will

Postby oliveview01 » Mon Dec 05, 2016 3:46 pm

My friend said if you die and have no will the government takes the house or what ever the person had, if house was owned 50/50 they take 50% of the house. I have never heard of that rule before. We have wills!

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

Re: Dying without writing a will

Postby El Cid » Mon Dec 05, 2016 4:21 pm

They would apply the Spanish law of successions to the estate, so it would be divided up between relatives under strictly applied rules. Only if there an no relatives, including parents, siblings, cousins, nephews and nieces would the state have any right to the assets.

So, the answer is, yes they could, but it would be extremely rare.

Sid

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

Re: Dying without writing a will

Postby costakid » Mon Dec 05, 2016 9:03 pm

Sid, So if a wife with no will owned a property in her name then died and her husband survived her would he get the property or would it be divided up between multiple people.

oliveview01
Andalucia Guru
Posts: 2984
Joined: Sat Feb 26, 2005 2:31 pm
Location: Sevilla

Re: Dying without writing a will

Postby oliveview01 » Mon Dec 05, 2016 10:24 pm

It would be divided between remaining spouse and any children, not sure what happens if no kids, surviving parents I guess or aunt/ uncle by blood

oliveview01
Andalucia Guru
Posts: 2984
Joined: Sat Feb 26, 2005 2:31 pm
Location: Sevilla

Re: Dying without writing a will

Postby oliveview01 » Mon Dec 05, 2016 10:26 pm

Another thought, if not married you might not be entitled?

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

Re: Dying without writing a will

Postby Manchesteral » Fri Jan 20, 2017 9:48 pm

I haven't broached this subject yet with my local lawyer (but I will) but for example if I have only cash assets in Spain and I die unexpectedly what happens to the money, my inheritors live in The U K ?

User avatar
peteroldracer
Andalucia Guru
Posts: 7774
Joined: Wed Oct 13, 2004 5:56 pm
Location: Los Alcázares, Murcia

Re: Dying without writing a will

Postby peteroldracer » Fri Jan 20, 2017 10:10 pm

I will put my opinion gently and tactfully.....anyone who lives in Spain and has not properly done a Spanish will, with all the relevant clauses for a UK citizen is as thick as two short planks, and deserves every complication their legatees will get.
We are all going to die so just get it done.
.
I used to cough to disguise a [email protected] I f@rt to disguise a cough.

wollie
Resident
Posts: 1031
Joined: Fri Nov 07, 2014 8:53 pm

Re: Dying without writing a will

Postby wollie » Sat Jan 21, 2017 12:03 am

Yes I agree i'm a plank or maybe two..
Can we say leave our house to anyone wish?
For my own part I would rather wants/needs my place than for a relative to sell as there is a few other bits for them.
I will need to do something this year and be thankful for any advise that would be tax effective.

User avatar
peteroldracer
Andalucia Guru
Posts: 7774
Joined: Wed Oct 13, 2004 5:56 pm
Location: Los Alcázares, Murcia

Re: Dying without writing a will

Postby peteroldracer » Sat Jan 21, 2017 12:23 am

Whatever you do having a will would be more tax-effective than not having one?
I used to cough to disguise a [email protected] I f@rt to disguise a cough.

elusive
Andalucia Guru
Posts: 3275
Joined: Sat Apr 07, 2012 11:49 am
Location: East of Malaga

Re: Dying without writing a will

Postby elusive » Sat Jan 21, 2017 9:42 am

Manchesteral wrote:I haven't broached this subject yet with my local lawyer (but I will) but for example if I have only cash assets in Spain and I die unexpectedly what happens to the money, my inheritors live in The U K ?
You have made a will i guess then.? Depending on gow much the assets are IHT could be due as the assets are in spain


Who is online

Users browsing this forum: No registered users and 16 guests