It is highly advisable for any foreigner who owns property, current accounts and other assets in our country that grants a will in order to ensure that said property pass to their loved ones. As a general rule, according to our private international law, the law governing the successor of the deceased is the law of the country where the latter has his or her nationality. In Pilar González Abogados, we help and advise you in preparing of your will to have full validity in Spain and in your country of origin.
Likewise, if you are an heir and want to claim your property you will have to follow a procedure of acceptance of inheritance of the property of the deceased that can usually be done before a notary. Once you accept the inheritance all the rights and obligations that the deceased had in life become part of the assets of the beneficiary. This operation is taxed in Spain and, therefore, subject to the inheritance and donations tax approved by the competent Autonomous Community. It being an obligation for the heir to file the relevant tax returns. When he is not satisfied with the contents of the will, the heir can renounce the inheritance as well as contest the will to consider it not conforming to the applicable inheritance law. In Pilar González Abogados we also intervene, in judicial proceedings in order to obtain the challenge of wills applying foreign law before the Spanish Courts.