You should make a Spanish will disposing of your Spanish property in order to avoid expensive legal problems to your heirs. Make a separate will disposing of assets located outside Spain.
Dying without a will can cause time-consuming and expensive legal procedures for your survivors, so if you really want to care for them and if you have any definite ideas about how you want your estate distributed, you must make a Spanish will. It is easy and you will feel more secure. If a foreign resident dies in Spain without a will, his estate in Spain will be distributed according to the Spanish laws of succession.
As an example, let us suppose that a husband and father dies, leaving three children. The only property is the house. The widow continues to own half of the house because her name is on the title deed as half-owner. The other half of the house constitutes the estate.
This is divided equally among the three children. When the estate is settled, each child will have one-third title to half of the house, meaning that each one now owns one –sixth of the house and the title deed has four names on it, the widow and each of the three children. The widow also holds a usufruct on the children´s share. This means she can use their half of the propertyuntil she dies, as well as her own half.
They must all agree and sign the deed if the house is to be sold.
To avoid all these problems, in Mario Redondo Solicitors we will help you to decide the best way to dispose of your assets to save costs and time to your heirs. We will prepare the draft of the will and we will visit the notary´s office with you signing as translators of the will.
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your questions in a timely manner.