Spanish Inheritance Law

Jim - you outline a fairly complex international tax scenario.  My advice would be not to rely on any advice you receive on this forum or any other.  Find yourself a professional international tax and/or wealth adviser, and listen to them instead.  The capital sums and potential tax liability of your situation will make their fees worthwhile.  It sounds as though "home" is, or is likely to be, Ireland, so an Ireland-based adviser with international knowledge may be your start point.

Spain is the same as France with regard to not being able to leave your property to your spouse excluding any children.  that's why there are so many empty properties as multiple owners makes for problems when they don't agree about selling.

Consulting a tax lawyer/solicitor for both your tax and a will is definitely a must, as from the answers already.  In Spain, whilst making your will, you can stipulate that your executry is managed according to eg the laws of Scotland, England, Wales or Ireland wherever is your place of birth.  This has been in force for a few years in Spain.  Cannot remember the exact Spanish clause.  We recently changed our Spanish wills as they were made in 2001 under the laws similar to France.  Our new wills were €120 each, including any taxes. This is quite a common cost in this area.  Hopefully this helps.  Please remember, consult the experts, not a forum !!!!

Just noticed your area is Arboleos.  Amanda Oakley from AOL Services did ours,  she is in Zurgena.  Amanda is truly excellent !!!!

Hi,

I just added 'Arboleas' as an area to join the group as I do not presently own a property in Spain. I had heard that it was possible to set out in your Will that you wanted your Foreign property to be part of your estate in your Country of residence and not be dealt with under Spanish law (this is not possible in France). I was hoping that there may be responses from members that had practical experience of setting this up or had unfortunately had need to use this in their partners Will.

We both intend to remain residents of Ireland and we both hope to have Irish passports (my wife has hers and mine is being processed) but we were both born in England so I am assuming it can be managed according to the laws of the Republic of Ireland rather than England.

So I would be grateful if anyone has practical experience of setting up their Will accordingly

Thanks