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Legal matters

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Spanish Inheritance - need a solicitor and advice

35 replies

Snoopysimaginaryfriend · 20/02/2023 23:38

This is a little complicated but I will try to keep it brief:

My grandfather was a Spanish citizen living in Spain at the time of his death in November last year. My mother is a Spanish citizen who has lived in the Uk for more than fifty years.

My grandfather left his house and some land, all in Spain, to my mother and specified in his will that this property must pass to me once she dies. She has use of the property for her lifetime. It is a Spanish will, registered in Madrid.

My mother has told me she believes my grandparents would have wanted my siblings to share this inheritance and has placed considerable pressure on me to disclaim my inheritance, even though I do not benefit in any way until her death.

The solicitor in Spain is a family member and their advice has only been communicated via my mother and is heavily focused on what benefits her instead of what the consequences are for me if I do as she asks.

Can anyone recommend a reasonably priced solicitor in the London area, who could advise on the matter?

I need to know:

  • if I disclaim my grandfather’s inheritance can I still inherit a share of the same property from my mother on her death?
  • can I make an official complaint against the Spanish solicitor who has not communicated directly to me? The only communication to me has actually been via his wife’s email, addressed to my mother and has been along the lines of ‘renounce your inheritance as your mother cannot afford upkeep of the property’.
  • is there a time limit to disclaim the inheritance?

Thank you.

OP posts:
Indáirire · 21/02/2023 07:00

Don't disclaim anything! It's yours. Ignore your mother. Think about yourself.

EvelynBeatrice · 21/02/2023 08:03

You need your own Spanish lawyer. An English qualified one will be no use at all.

AllTheThingsIWantAreHere · 21/02/2023 08:55

Yep, I'd get my own Spanish laser

Hoppinggreen · 21/02/2023 08:59

Get a lawyer in Spain
I believe that in Spain you have to leave your property to your children, you can’t disinherit them normally but I would also be surprised if your grandfather is able to specify what happens to a property after he leaves it to your mum, unless it’s in a trust or something
The Spanish legal system is very very bureaucratic and slow, best of luck

Familylawso1icitor · 21/02/2023 09:01

Try these English lawyers who advise on Spanish issues :

www.nockolds.es

Ginger1982 · 21/02/2023 10:02

You definitely need an independent Spanish lawyer so don't delay. It's very unusual for anyone to be able to dictate what the next generation does so your grandfather can leave what he wants to your mum but I doubt he can legislate for what she does with it on her death.

Snoopysimaginaryfriend · 21/02/2023 11:12

Thank you.

Basically I think my grandparents wanted to ensure that my father, who is still legally married to my mother despite a lengthy separation, would have no legal claim on their home.

I agree that if my grandparents had wanted my siblings to inherit their names would also be in the will but I am at the point of going no contact with my family over this and I just want rid of all of them.

OP posts:
Biffatcrafts · 21/02/2023 11:29

Hi OP. I live in Spain (Cataluña) and know from experience that wills and related laws are quite complicated. There are quite strict rules about who can, and cannot, inherit and how estates must be split.

I would strongly advise you to find an English speaking lawyer (Abogado) in Spain who can advise you properly about inheritance law. You will probably also need a Gestor who will deal with the tax side of things, usually the Lawyer will recommend one that they work with regularly. If possible you need to find a Lawyer who has professional links with a UK based legal firm, so that the UK inheritance tax side of things can be coordinated. You may find contacting the Spanish Consulate a good first step. We found our Lawyer here in Spain through the consulate in Barcelona - and she has been fantastic.

But certainly do not revoke any inheritance before taking legal advice!

Biffatcrafts · 21/02/2023 11:36

Oh, and just to add, you can make complaints about Spanish lawyers, but in this instance I think it would be quite hard to do as the lawyer (as you said in your OP) is working in your mother's best interest as she is the primary and immediate beneficiary. For you to find out what is in your best interests, you need your own independent lawyer.

NetballHoop · 21/02/2023 11:43

You don't say if you are also a Spanish citizen. If not, you'll need to get a NIE (basically a kind of national insurance number for non Spaniards) before you can do much. You can apply for one from the Spanish consulates.

Biffatcrafts · 21/02/2023 11:49

Just one other point to add ... if the family member lawyer and your mother are asking you to renounce your inheritance as your mother "cannot afford the upkeep" they are probably talking about not just the physical maintenance of the property, but also the payment of mandatory property taxes on it too - and possibly the death duties that need to be paid.

I would guess they are ultimately planning on selling it in order to relieve your mother of those tax burdens.

The key question is whether or not you want to eventually own the property or not, and if you do then don't renounce. Also consider that it is possible that if you do renounce your right to inherit, then the proceeds of the sale may go to your mother, and she may not then be under any legal obligation to leave you any part of it when she dies.

You definitely need a lawyer who is working solely in your best interests.

Snoopysimaginaryfriend · 21/02/2023 11:49

I have a Spanish passport but no NIE.

I keep explaining to family that I haven’t actually inherited anything yet and I don’t think my mother can disinherit any of her children.

I’ve been sent messages from the solicitor’s wife saying that if I don’t do this I will have ‘embargos’ put on my British bank accounts when my mother doesn’t pay the appropriate taxes etc. I’m being threatened with all sorts and it has made my life a misery.

OP posts:
Hoppinggreen · 21/02/2023 11:55

Snoopysimaginaryfriend · 21/02/2023 11:49

I have a Spanish passport but no NIE.

I keep explaining to family that I haven’t actually inherited anything yet and I don’t think my mother can disinherit any of her children.

I’ve been sent messages from the solicitor’s wife saying that if I don’t do this I will have ‘embargos’ put on my British bank accounts when my mother doesn’t pay the appropriate taxes etc. I’m being threatened with all sorts and it has made my life a misery.

Sounds like absolute rubbish
For a few admin related reasons I got well behind on Spanish taxes for over a year and nothing happened to my Spanish or English Bank accounts.
In any case if you don’t own the property how are you liable for any taxes?

Snoopysimaginaryfriend · 21/02/2023 12:08

Exactly. I was caught off guard with how quickly everyone became nasty but I should have known better.

I need to get a solicitor because I have no one acting in my interests. I’m also worried that I simply don’t have time to sort it out. I’ve only been made aware of it all now and my grandfather died last September. I understand there is some sort of six month time limit?

This is what has started all the problems:

Nombra sustituta fideicomisaria, a la muerte de la legataria, a su nieta C, hija de la legetaria, en todo lo legado a M, con cargo a los tercios de mejora y libre disposicion.

Impone a las legetarias , la prohibicion de disponer de los bienes legados, hasta que todos los respectivos hijos de la legatarias, nietos del testador, alcancen la mayoria de edad, sin perjucio de los bienes gravados con sustitucion fideicomiseria, de los cuales no podre disposer por ningun titulo la fiduciaria.

En el realmente de sus bienes derechos y acciones, instituye herederas por partes iguales a sus dos citadas hijas, sustituidas vulgarmente por sus respectivos desciendientes, tanto eb la institution como en los legados.

Prohibe la intervencion judicial en su testamentaria. El heredero que diere lugar a particion judicial quedare reducido a la legitima estricta.

OP posts:
Snoopysimaginaryfriend · 21/02/2023 12:09

Don’t know why some of that came out in bold and see there are some spelling mistakes but I’m typing on my bloody phone.

OP posts:
Greensleevevssnotnose · 21/02/2023 12:12

We had similar recently the only financial sanctions where the property sale money sitting in escrow until we paid the relevant capital gains tax which is the Spanish stamp duty I think. It took several years and we have now paid 13000 euros and cleared the matter up. They didn't freeze our UK bank accounts and we emptied the Spanish ones before they could.

Snoopysimaginaryfriend · 21/02/2023 12:17

Greensleevevssnotnose · 21/02/2023 12:12

We had similar recently the only financial sanctions where the property sale money sitting in escrow until we paid the relevant capital gains tax which is the Spanish stamp duty I think. It took several years and we have now paid 13000 euros and cleared the matter up. They didn't freeze our UK bank accounts and we emptied the Spanish ones before they could.

Could they not have taken the taxes out of the sale proceeds? Seems crazy to have money sat there waiting for you to pay some other money to them?!

OP posts:
Lochroy · 21/02/2023 12:19

Is there a Facebook group for British expats in Madrid? They may be able to help you find a suitable English speaking lawyer there.
Different part of the country and not lawyers but we've found it a handy way to build contacts from afar.

Snoopysimaginaryfriend · 21/02/2023 12:22

Ah not on Facebook. I can get someone else to ask though.

This is in Galicia. There’s no English will or inheritance, all in Galicia.

OP posts:
Biffatcrafts · 21/02/2023 12:22

www.expatica.com/es/finance/taxes/inheritance-tax-in-spain-102092/

Beneficiaries have six months to pay taxes, but can claim a one-time extension of an additional six months or pay in installments. Spanish law allows six months from the date of death for declarations of inheritance tax."

Snoopysimaginaryfriend · 21/02/2023 12:27

Ah ok. So it only impacts my mother and the tax she pays, not me.

OP posts:
Biffatcrafts · 21/02/2023 12:29

OP, it would appear so, yes. Your mother is liable definitely. I'm not an expert but it would read to me that you are not liable. But, as I said, in this case you absolutely need independent legal and tax advice.

Biffatcrafts · 21/02/2023 12:40

One other thing, sorry that my grasp of legal spanish isn't 100%, but the section of the will you quote refers to trustees and a trust, so it may be that the estate is written into a trust in its entirety. If this is the case the trust can have certain restrictions placed upon it in terms of disposal of parts, or whole, of the estate. Your lawyer will need to examine those restrictions carefully.

Hoppinggreen · 21/02/2023 12:41

Snoopysimaginaryfriend · 21/02/2023 12:17

Could they not have taken the taxes out of the sale proceeds? Seems crazy to have money sat there waiting for you to pay some other money to them?!

My understanding is that funds are released once all taxes are paid.

DogInATent · 21/02/2023 12:44

Get your own lawyer in Spain, and someone in Spain and the UK that can advise you on the tax implications in both countries. We were almost in a very similar situation with an overseas inheritance and the ILs were most put out when we sought independent advice and realised what the potential liabilities were.