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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5687
Experience:  Spanish Attorney
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My wife has recently died unexpectedly and we own a holiday

Resolved Question:

My wife has recently died unexpectedly and we own a holiday home in Spain jointly, we have not made Spanish wills but her English will leaves everything to me. Is it possible to do a deed of variation to the English will to include my two adult children in order to try and minimise Spanish Inheritance tax. I seem to be getting conflicting information from searching the Internet as to whether the Spanish authorities will accept this.
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.

José M. : Hi there José M spanish attorney
José M. : you can do the change but there are two ways to manage
José M. : first one is that you refuse the inheritage but you do not say to whom
José M. : this way do not pay taxes
José M. : but if you refuses in favor of one of them he will have to pay
José M. : in your case, as you want to leave the inheritage to all of them, you have to go to the notario an refuse and that will be all
Customer: I am not sure I understand, I initially understood that if I altered the English will to leave my wife's half of the Spanish house to all three of us we would then be entitled to 3 lots of tax relief against the inheritance tax payable.
José M. : I see, but you do not have to change the will, you just refuse to be the inhereditor so the goods will go to your son as you want
Customer: Sorry but I thought if all three of us were named in the will then we would receive 3 times the tax free allowance.
José M. : You do not change the will you refuse and the goods will go to the test of inhereditors ( your sons)
Customer: My children are not named as inheritors at all in the will.
José M. : if you want to choose to whom the goods you want to go ( as example one of your sons) he will have to pay taxes twice
José M. : Its not a problem that your sons are not in the will, the law says that they are the inheridators once you refuse
Customer: I wanted my wife's half of the house to be split equally between the three of us.
José M. : That is diferentes because you do not refuse to be the inhereditor
José M. : Anyway tell me the value of the half of it and the comunidad autónoma where it is
Customer: The valor catastral is 133553euros but the true value is about 340000 euros. The house is in Andalucia. We actually paid 180000 euros for the house 12 years ago. The problem is we are thinking of selling and buying something bigger so we will also be caught by capital gains tax.
José M. : In most parts of Spain you only pays 1 per cent but no in Andalucía
José M. : in your case you have two ways
José M. : to make a donación to your sons and pay taxes
José M. : and the other os to make a company and inscribe the propietario no its name
José M. : I think your best is to inscribe no your name as the will says and Thornton make a donation
Customer: Sorry what is Thornton?.
José M. : Its a mistake of the iphone sorry for that
Customer: What sort of amount will we have to pay?.
José M. : You do not have ways to avoid to pay taxes of you want to be año inherator also
José M. : Ley me study it and I will answer you
José M. : i need hall an hour
Customer: Ok thank you, XXXXX XXXXX I gave you were for the whole house.
José M. :

I need the ages of your sons

Customer: Hi, it is actually 1 son who is 29 and 1 daughter who is 26
José M. :


José M. :

Then we have that you have two make 2 donations of 80.000 euros ( 1/3 of the half of the value ) so, your son and your doghther will have to pay about 5.000 euros each

Customer: Ok thank you.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5687
Experience: Spanish Attorney
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