scampicat

What happens to a property jointly owned by co-habiting partners (residents) if one of them dies without making a will? Who will inherit?

Both have been married before and one has teenage children.

Thanks

EsuriJohn

No will at all or no Spanish will?

mrsjdr

Fred James would be the best one to answer this, but I do know a Lady near us had major problems, bank account was frozen and house went to her partners next of kin and she lost everything.

mikelincs

AFAIK, without a will made here in Spain,there is a high possibility that any UK will MAY not be validated, in that case, the their part of the property will go t the family of the person who has died, i.e. children, or other living blood relatives. This was the reason we were very strongly advised to make wills under Spainish laws for the possibility of such an event.

scampicat

AFAIK, no will at all.

EsuriJohn

Hi scampicat,

Then you are in all sorts of trouble since the Spanish succession rules will apply to his part of the joint estate and in the worst case could see you dispossessed as well to pay the IHT of the beneficiaries.

Regards,

John.

chrismortley

It's a fairly painless exercise to do your Spanish will.
We have just done ours,it only took some basic information supplied to our solicitor & 20 minutes @ the notary

Chris

jdr

If you are not married then you need to get the other paperwork sorted as soon as possible also, or the Spanish government will do the inheriting.

See the link on this post HERE






.

scampicat

It's not me! I've been married for over 36 years! And we both have UK and Spanish wills.

It's some good friends of mine who I don't think know the score. Just wanted to find out for them first before I said anything.

Thanks all for your replies, I'll tell them to make wills pdq.

Fred James

With no will the Spanish inheritance laws will apply.

The partner with children will have them inherit equally his share

The partner without children will have their assets left to their ascendents, ie. parents or grandparents. If they have no ascendents it will go to siblings, if there are no siblings cousins are next, failing that the governement gets it.

scampicat

Thankyou Fred, I will tell tehm they should make a will.