If you have a property in Spain but no Spanish Will, then Spanish law applies

In these circumstances, if the deceased leaves any descendants (children, grandchildren, great grandchildren), and is also married,

1. the spouse will inherit the usufructo (use, live, interest) of a third of the estate, and the descendants would inherit the remainder in equal shares.

2. If the deceased leaves only ascendants (parents or grandparents) and a spouse the spouse will inherit just the usufructo of 50% of the estate, the parents would then inherit the remainder of the estate equally and if no parent then the grandparents.

3. If the deceased dies without ascendants or descendants, the spouse inherits everything.

4. If there is no spouse, the following groups (collaterals) can inherit:

   • The children, parents are the first degree

   • Grandparents, grandchildren, brothers and sisters are the second degree

   • Nephews, nieces, uncles, aunts, great grandparents, great grandchildren are the third degree

   • First cousins are the fourth degree.

     The order of preference within the degrees is as follows;

     a) First degree – Children – Parents

     b) Second degree - Grandchildren - brothers and sisters – grandparents

     c) Third degree - Great Grandchildren - great grandparents - uncles and aunts - nieces and nephews -

     d) Fourth degree - First Cousins

5. If there are no collaterals (up to the fourth degree in the collateral line), the State inherit the whole estate.

   It is therefore ESSENTIAL if you have any assets in Spain that you have Spanish Will containing a Brussels iv clause ensuring your Spanish estate is dealt with under English succession law and goes to whomever you choose and does not fall under Spanish Law and be distributed accordingly.

   Call Thy Will Be Done (Spain) Ltd NOW on 0800 668 11 64 and organise your Spanish estate before it’s too late.