Query regarding Spanish Inheritance Law

Savvy_Sue

If you want advice you can rely on (ie sue the pants off the person who gave it if it turns out to be wrong!) then you will have to pay for it. However I've asked on the Living Abroad thread if any of our Spanish expats and ex-expats would care to comment.

You could suggest to your stepmother that if she sends you the documentation, you will be in a better position to understand what it is she is asking you to sign, but that you are not agreeing to sign anything until you have taken legal advice. Since you cannot afford to pay for this at present, perhaps she would like to do so?

BTW, there have been problems with properties sold in Spain for low prices. Apparently there's something like our Stamp Duty, only the difference is that the local authority can decide, after the sale's gone through, that the price was too low (even though that's all properties are selling for) and impose more tax. If you can find a reference to that, it might be something to point out to your stepmother, as an act of friendship of course.

[Just to add that our own dear HMRC does also check selling prices and will come after owners they believe haven't paid the full whack. But this is a bit different!]

gatita

You will find answers to most questions on the link to C.A.B. Spain, if you look in the 'Spyglass' you will find answers to most questions, failing that post a question and someone will definitely help you.

https://www.facebook.com/groups/citizensinspain/

seven-day-weekend

I think you will be setting yourself up for a tax nightmare.

Firstly, the more distant the relative, the more inheritance tax you pay. You are not allowed to sell the property to pay the tax.

Secondly, if the property is deemed to be sold below the value defined by the 'valor catastral' ( a value set by the Government), then again you will be liable for extra tax, it can be a substantial amount .

Thirdly, if you own the house but don't live there, you will be liable for tax on deemed rental income whether or not you actually receive any.

I advise you strongly to pay for a lawyer who specialises in property law. Or just say no.

You could also ask on the Spanish section of https://www.britishexpats.com . Some people there are extremely knowledgeable.


Hope this helps.

BobQ

Try using the search engine on this forum. There was a similar question asked a couple of months ago.

Savvy_Sue

One of the Living Abroaders also posted this:

donny-gal wrote: »

I found this recently for a friend, it is an advert, but it does give some info.

http://www.mamsolicitors.com/skills-and-services/wills/examples/

Lets_say

Savvy_Sue wrote: »

BTW, there have been problems with properties sold in Spain for low prices. Apparently there's something like our Stamp Duty, only the difference is that the local authority can decide, after the sale's gone through, that the price was too low (even though that's all properties are selling for) and impose more tax. If you can find a reference to that, it might be something to point out to your stepmother, as an act of friendship of course. !]

It's called 'complementary' tax. I have never heard of a seller being chased for this tax, only the buyer.

Savvy_Sue

Lets_say wrote: »

It's called 'complementary' tax. I have never heard of a seller being chased for this tax, only the buyer.

Yes, but if the buyer is a nephew or friend of a nephew, she might want to know before she sells it for a pittance.

Miriam67

There have been developments since my last posts.

I spoke with my stepmother again and also her nephew. He decided to go the route of 'word of mouth' to find a buyer. His wife, who is a nurse, mentioned it in the hospital she works at etc. He said to me that he didn't advertise online on one of the various private sale type websites because he was told by a friend who is a policeman that many people in Spain are starting to use these things as a way of finding a property to become squatters at if someone is not living there. My initial thought was - why tell anyone that no-one is living in the property? It's a block of flats. He's claiming that the place, Foz in Galicia is empty off season but I'm not 100% sure on that. They're back onto upon sale of the property it being split 'equally' between myself and my stepmother.

I phoned up an estate agent in the village/little town and basically gave the approximate spec for the property as a prospective buyer. I was told that according to their books properties in front of the beach are going for about 80.000 and those at about 400 metres from the beach are at about 60.000, however, I worked out that the road her flat is on (she's on the first floor, no garage or store-room/trastero, two bedrooms and what is called an 'American kitchen', fully furnished with washing machine etc) is at about 230 metres from the beach. Her nephew has agreed a sale with a woman he claims is the only person who has offered anything 'reasonable' and according to him the flat is being sold for 38.000 - I think that sounds a little low. I'm not expecting a sale for 80 or even 70 etc but even with the way the situation is at present in Spain it seems low?

I know her nephew is going out of his way to show the property but he didn't even seem to understand the concept of an open house viewing so that he didn't need to travel to Foz, Galicia that much (he lives in Lugo). I've asked for all the paperwork to be emailed as well as posted but it just doesn't 'feel' right. I hope I'm not sounding money-grabbing but I think that he hasn't acted possibly in the best way? The property, as mentioned at the beginning isn't as such 'mine' until my stepmother dies but she cannot sell or do anything like that without my signature due to the terms of the will - usufructo.

Mojisola

Miriam67 wrote: »

The property, as mentioned at the beginning isn't as such 'mine' until my stepmother dies but she cannot sell or do anything like that without my signature due to the terms of the will - usufructo.

What are they planning to do - forge your signature?

Miriam67

They won't go so far as forging my signature. They've asked me to sign things but I have told them I NEED to see paperwork. They of course stated that as it was going to be a private sale, they don't have paperwork. I've told them that by law as I've understood it, I need to have paperwork to make sure that everything is kept a track of..