What happens if you don’t have a will in Spain?
Having a will assures us that our will will will be fulfilled when we are absent; in addition to this it will avoid confusion and will make it easier and cheaper to share our inheritance, with which it is convenient to have it, especially from a certain age or in certain situations in which we find ourselves in poor health.
Having a will only makes things easier
For the foreign citizen who has resources in Spain, the easiest and most recommendable thing is to make a will in Spain. Making a will in Spain is economic and ensures a simple distribution of our resources, avoiding many inconveniences.
The difficulties produced by dying without a will can be harmful for the relatives who must inherit, a will facilitates the situation.
However, it is essential to remind foreigners that it is not true that the State of Spain will keep its resources if it dies in this country. That is false. The State can only receive resources from those who, when they die, have no family member they can inherit, whether they are citizens of Spain or foreigners.
Likewise, it is a myth that a will that has been granted in its country of origin cannot have provisions on resources that are established in Spain. If such provisions do not infringe any law in the country in which they occur and here, in Spain, they are valid.
Another myth is that more inheritance taxes are paid if you are a foreigner. Deductions from resources at the time of the partition of the estate will depend on the habitual residence of the deceased.
If a foreigner has resources in the territory of Spain, the benefit of making a will in Spain, is that the partition of the inheritance and the distribution is going to be considerably simpler, faster and cheaper for the successors.