Any gurus on Spanish inheritance tax in the house?

Nov 27, 2007 2 Replies

My inlaws retired to Majorca some 25 years ago. They are not particularly wealthy and sold up everything here when then went. Both in their mid-80's when last year he died. He'd suffered several strokes over the preceding 5 years and was more or less out of it for that time. She's heard from the lawyer in Spain that the flat they'd lived in for that time was in his name only and she now has to pay 50% of the value of the flat in death duties, to continue to live in it!



No way she can do that so if this stands, looks like we'll be finding room for her here.



I just wondered if anyone knows if what she's telling us is broadly correct - and is there any possible appeal maybe due to length of residence there - and how to go about it? Or maybe there is some "banding" of the cost we can ask for toi help he save her home. I know it looks pretty no-chance, but thought I'd ask here.



Finally is there any particular specialist lawyer types in ES that deal with such matters? It's a pity the lawyer in Spain that looked after their affairs all these years didn't make this vital fact clear to them I think. Many tia


IANAL, but I think her "lawyer" may have crossed his wires.

Go to your local newsagent, get a copy of "Spain" magazine or something similar and phone a couple of the lawyers advertising there who specialise in the expat market. Or Google Spanish Inheritance Tax.

Remember your mother is not immediately entitled to NHS care on her return to the UK, should she need (or want!) it.

Thanks David - at least that gives us something to try.

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