Inheritance law


Sirejacob Legal & Tax is specialised in rendering legal assistance to their clients - foreigners in Spain - for the administration of their patrimony, with an eye towards the organisation of their estate or the avoidance of conflicts in a family context. Several national and international legal rules will come into effect upon the decease of a foreigner with properties in Spain.

In order to avoid problems, you can appeal to our services prior to the decease of a person in order to be better informed about all administrative and fiscal aspects involved: applicable inheritance law, any inheritance tax to pay, prescription of inheritance tax, the need to draw up a will or not and in which country this is best laid down.

We act on your behalf and offer you concrete solutions. A power of attorney can be drawn out by your home notary according our models. This power of attorney enables us to sign the notary acceptance of the heritage in Spain on behalf of the heirs and liquidate the administrative and fiscal settlement of the estate entirely.

This means we will also do everything necessary after the notary acceptance so the declaration and deed will be forwarded to the correspondent tax collecting office.

After the arrangement of the inheritance taxes (if due, or the receipt of the certificate which states that no inheritance tax is owed due to prescription), we will forward the deed to the corresponding register office and we will take care that the real estate in Spain will be put in the heir's name.


Donation of Spanish property


Donating your property in Spain is an easy way to do heritage planning. In a quick and inexpensive way you avoid future succession rights.

In recent years, gift taxes have almost been abolished in most Spanish regions.

Many foreigners have already made a donation because this is the best solution to pay less taxes in the future!

Why donate NOW and not wait until after the Corona crisis?

Inheritance tax is currently fully or largely exempt in most Spanish regions.

Because Spain will need a lot of money after this Corona crisis, and therefore taxes will almost certainly rise, it is almost certain that the interesting exemptions that currently apply will be abolished. If taxes go up, donations will become a lot more expensive. So donating now is the message.

If I donate the property to my children, won't I lose it?

No. After all, you can choose to donate only the bare property. That means that the lifelong usufruct remains with the parents. It is only when the last of the two parents dies that the usufruct comes to the bare ownership of the children and they only become full owners.

This means that you will continue to decide on the house for life and will also have the use and income of the house for life.

How do I know that donating is interesting in my case or not?

This can be calculated by us without any obligation. In order to give you a clear answer we need the following documents:

1. a copy of the deed of purchase,

2. A copy of the last municipal tax (IBI or impuesto de bienes inmuebles)

We can't come to Spain because of the Corona crisis. So how can we arrange a donation?

A notarial power of attorney signed with your notary in your country is the only document you will need to sign.