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UK Civil Partnerships and inheritance

Posted: Tue Nov 14, 2023 5:36pm
5 replies4 members subscribed
Bobbi

Posts: 3

Location: Los Urrutias

Joined: 14 Nov 2023

HI All

Would anyone know if the Spanish tax authorities accept a UK Civil Partnerships when calculating inheritance tax?

Although not permanent residents in Spain we have Spanish wills. My partner has been battling terminal cancer for 3 years but now he has been given 8 months to live. 

I know this sounds calculating but we are trying to find out what tax liabilities the estate will incur. The Spanish property is in my partner’s sole name. Should we sell, transfer it joint names or do nothing? Again, sorry if this seems callus.

Bobby

Mags44

Posted: Tue Nov 14, 2023 7:31pm

Mags44

Very helpful member

Posts: 924

794 helpful points

Joined: 1 Sep 2019

Posted: Tue Nov 14, 2023 7:31pm

Bobbi wrote on Tue Nov 14, 2023 5:36pm:

HI All

Would anyone know if the Spanish tax authorities accept a UK Civil Partnerships when calculating inheritance tax?

Although not permanent residents in Spain we have Spanish wills. My partner has been battling terminal cancer for 3 years but now he has been given 8 months to live. 

I know this sounds calculating but we are trying to find out what tax liabilities the estate will incur. The Spanish property is in my partner’s sole name. Should we sell, transfer it joint names or do nothing? Again, sorry if this seems callus.

Bobby

If I were you, I'd ask this at the Citizen Advice Bureau Spain's Facebook Group or via their website. This is a complicated legal problem that you really need the correct answer to and it's doubtful that anyone on this forum is qualified to give you a correct reply. It might be possible to do a "pareja de hecho", which is similar to a UK civil partnership or it might be advisable for you and your partner to get married. Whichever choice is the best, you need to find out all the legal implications. Good luck!

https://www.spanishsolutions.net/blog/legal-issues-in-spain/pareja-de-hecho/

https://www.citizensadvice.org.es/

https://www.facebook.com/groups/171561296334693

crissywissy

Posted: Wed Nov 15, 2023 8:36am

crissywissy

Super helpful member

Posts: 2453

1623 helpful points

Location: Mar Menor

Joined: 26 Sep 2015

Posted: Wed Nov 15, 2023 8:36am

You really need some legal advice in your situation….if you inherit the property and the rest of the estate you will be liable for inheritance tax on 50% of the total value which in Murcia is only 1% but there will be other fees to pay ..I’ve just been through this but luckily we were married just a year before my husband died so it was less complicated. If you need advice I suggest you speak to Gloria at QML in Los Alcazares

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eraser

Posted: Wed Nov 15, 2023 7:27pm

eraser

Very helpful member

Posts: 800

679 helpful points

Location: Los Urrutias

Joined: 8 May 2018

Posted: Wed Nov 15, 2023 7:27pm

Hi Bobby,  I have sent you a PM......

Bobbi

Posted: Thu Nov 16, 2023 2:56pm

Bobbi

Original Poster

Posts: 3

Location: Los Urrutias

Joined: 14 Nov 2023

Posted: Thu Nov 16, 2023 2:56pm

Mags44 wrote on Tue Nov 14, 2023 7:31pm:

If I were you, I'd ask this at the Citizen Advice Bureau Spain's Facebook Group or via their website. This is a complicated legal problem that you really need the correct answer to and it's doubtful that anyone on this forum is qualified to give you a correct reply. It might be possible to do a "...

...pareja de hecho", which is similar to a UK civil partnership or it might be advisable for you and your partner to get married. Whichever choice is the best, you need to find out all the legal implications. Good luck!

https://www.spanishsolutions.net/blog/legal-issues-in-spain/pareja-de-hecho/

https://www.citizensadvice.org.es/

https://www.facebook.com/groups/171561296334693

Thank you.

Bobbi

Posted: Thu Nov 16, 2023 2:58pm

Bobbi

Original Poster

Posts: 3

Location: Los Urrutias

Joined: 14 Nov 2023

Posted: Thu Nov 16, 2023 2:58pm

crissywissy wrote on Wed Nov 15, 2023 8:36am:

You really need some legal advice in your situation….if you inherit the property and the rest of the estate you will be liable for inheritance tax on 50% of the total value which in Murcia is only 1% but there will be other fees to pay ..I’ve just been through this but luckily we were married...

... just a year before my husband died so it was less complicated. If you need advice I suggest you speak to Gloria at QML in Los Alcazares

I'm sorry for your loss. Hope things are improving for you. Thank you for the kind advice.

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