Spanish holiday homes could cost families thousands because they are failing to heed Spanish inheritance law, according to foreign property expert, Maria Prieto of Rowlands.

Spanish law is much stricter and very different from UK law, dictating that on death a certain proportion of the person’s estate must be left to his wife and children. Therefore children have an automatic right to part of the estate on the death of their parents, regardless of whether they are expressly mentioned in their Will. Unlike UK law, there is also no automatic transfer to a surviving partner, while tax on any inheritance is payable by the beneficiary and not the executors, as in the UK.

Maria Prieto, foreign property specialist at Rowlands, explains: “If you do not have a Spanish Will to dispose of your Spanish Assets, your heirs will be involved in an expensive and slow process to legalise and translate all the English Probate documentation relating to your English Will which will have to be submitted to the Spanish Authorities”

“If you die intestate, there will be even more complications. In principle, English Law will apply, but the English Law states that for the properties situated abroad the determination of Legal Heirs will be according to the Laws of the Country where the assets are situated, so this will mean that Spanish Law will apply. If you decide to sign a Spanish Will, Spanish Law accepts that English law will apply to the disposition of your estate and you will have complete freedom to dispose of your estate without restriction.”

Prieto adds: “Spanish Wills can also save a person’s heirs administrative costs, as well as possible disputes over their Spanish estate.”