Inheritance

Requirements and formalities of the Spanish Will

Arcos & Lamers Asociados provides legal advice to our clients to grant the Spanish will – the so called open will – <!–more–>
signed before a civil public notary in Spain. This would be the most common as well as the most recommended format, because of the fact that the open will is directly enforceable and will allow your inheritors to initiate the acceptance of your assets in Spain immediately after your decease.

The open will in Spain can be signed in double column format, i.e. both in Spanish and the language of your choice. The document must be translated and signed by a sworn translator. Once signed, the notary keeps the original Spanish will in his records and provides you with an authorised copy. Finally, the notary sends a notification to the Central Registry of Last Wills in Madrid (Registro Central de Actos de última voluntad), where the name of the testators, the protocol number of the notary and the date of the granting of the will is registered. This notification will allow the inheritors to localise a copy of the Spanish will after your decease.

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Spanish inheritance procedure – inheritance law in Spain

The disposition of assets located in Spain by non-resident heirs is not an automatic procedure.

Inheritance tax in Spain: applicable law

Although your national law is applicable for the distribution of your Spanish assets, from a fiscal/tax point of view, t

National or regional law

Per law 21/2001 of 27th December, the collection of the Spanish inheritance tax and the right to produce additional legi

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Not only for advice upon executing a will before a notary or preparation and signing the deed of acceptance and vesting