Spanish inheritance tax accrues six months after death. After this date penalties are incurred.

There are many rebates and Inheritance tax is almost non existent in Spain.

Unlike in Britain, there is no exemption from inheritance tax between husband and wife.

A Tax form must be completed and the taxes paid. In Spain it is the heir who is taxed and not the estate.

Tax will be calculated on the relationship of the heir to the deceased, the amount of the inheritance he/she receives and existing wealth.

All assets will be taxed – bank accounts, property, cars, golf shares etc. Property will usually be valued at the "valor catastral" – the value as calculated by the Town Hall, or rateable value.

A joint bank account will normally be frozen on the death of one of the account holders, although the bank will usually allow the direct debits for services to continue to be paid out of the account.

For a car to be sold following the death of the owner it is necessary for it to be detailed in the inheritance declaration and tax to be paid.

Whilst, as mentioned, Spain and many other countries apply the system of "forced heirship" , British nationals are exempt from this requirement when testating in Spain (they are submitted to their personal Law under provision 9 of the Civil Code).

If you make a Spanish will which conflicts with your national inheritance laws it will be null and void.

It is important to ensure the Spanish will does not conflict with any other will that has been drawn up in another country.

If you are a legal heir, there are certain steps to follow if you wish to transfer the assets you have inherited in Spain so they are in your name:

If the deceased has left a Will in Spain, you will only have to finalise the estate probate before a Spanish Notary. This should be a quick process, unless there is a disagreement between the heirs. Then you can register the Inheritance Deeds in the land Registry as a title for property transmission.

If the deceased has left a Will in his/her country of origin but not in Spain, this Will must be validated in Spain. In order to do that, the Notary Public who is to sign the Inheritance Deeds will require you to present some very specific paperwork.

If the person dies ab-intestato, that is, he/she has left no Will in his/her country nor in Spain, the estate can be dealt with in Spain before a Notary Public and, again, some very specific paperwork will need to be obtained. (Declaration of Heirs).

Please note that the above legal advice in Spain shall apply should there be no disagreement between the heirs (if there is more than one heir).

If the different heirs have not reached an agreement with regard to the estate and the inheritance, the case will need to be heard by a Spanish Judge who will decide what is applicable following the deceased’s Will and according to Spanish Estate Law.

Regards