What happens if you die without a will in Spain?
Here’s what happens to the money if someone dies and doesn’t have a will for Spanish assets
Dying without a will can lead to significant complications, especially in a foreign country like Spain, where inheritance laws may differ considerably from those in your home country. Understanding these implications is crucial for anyone residing in Spain or holding assets there.
In Spain, if you die without a will, the law dictates that your estate is distributed according to strict legal guidelines. Under Spanish inheritance law, your children and spouse are designated as the legal beneficiaries. This means that a significant portion of your estate will be automatically allocated to them, regardless of your personal wishes.
Specifically, Spanish inheritance law divides your estate into three parts: one-third goes to your children equally; another third goes to your children but allows the parent to decide how to distribute it among them (known as ‘mejora’); and the final third, known as the ‘free disposal’ portion, can be allocated according to your preferences. However, if you die without a will, even this final third will be subject to the default rules of intestacy, meaning you lose any control over its distribution.
The situation can become even more complex depending on your habitual residence at the time of your death. If you are habitually resident in Spain, Spanish law will generally apply to your estate. This can significantly limit your ability to distribute your assets as you see fit, particularly if you have no will from either Spain or the UK. In such cases, you might only have one-third of your estate to distribute freely, with the rest being automatically allocated to your legal heirs under Spanish law.
For expatriates and those with dual residency, the absence of a will can lead to unforeseen consequences and potential legal disputes among heirs. It underscores the importance of having a legally recognised will in place, tailored to the specific legal frameworks of wills in both Spain and the UK, if applicable.
Heniam & Associates offers expert advice and services to help expats draft a will that aligns with their wishes and complies with the relevant legal requirements. By working with experienced legal professionals, expats can ensure that their estate is managed according to their intentions, providing peace of mind for loved ones.
Don’t leave the distribution of your estate to chance. Contact Heniam & Associates today to secure your assets and ensure that your wishes are honoured, no matter what:
