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Hello Everyone,
I am thinking of moving to the area. Can someone direct me to how I find out about inheritance law. My husband has a daughter from previous marriage. We have no children. I am Irish and he is British. If I buy the house in my name would his daughter have right to inheritance if he passes. Thank you for any information.
Posted: Sun Jan 19, 2025 10:58am
Super helpful member
Coleen wrote on Sat Jan 18, 2025 9:19pm:
Hello Everyone,
I am thinking of moving to the area. Can someone direct me to how I find out about inheritance law. My husband has a daughter from previous marriage. We have no children. I am Irish and he is British. If I buy the house in my name would his daughter have right to inheritance if he passes. Thank y...
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...ou for any information.
If the house is in your name only, how can or why should your husbands daughter try to make a claim against something he dose not own?
Posted: Sun Jan 19, 2025 12:22pm
eduardo3332 wrote on Sun Jan 19, 2025 10:58am:
If the house is in your name only, how can or why should your husbands daughter try to make a claim against something he dose not own?
Thank you for your reply. I know I have to speak to a solicitor about the inheritance law in Spain as some countries like France which I am moving from because President Macron in 2022 changed the EU law of being able to choose your place of birth to make your will. I just want it to be my choice . Also as many people may understand the need to protect oneself financially as we get older.
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Posted: Sun Jan 19, 2025 5:48pm
Super helpful member
You are right to consult a good lawyer - no matter whose name a house is in surely it is marital property? Should you pre-decease your husband he would likely inherit the property, and if Spanish law applies thus his daughter could have an entiltlement. Complex scenarios!
As an EU resident you can choose which country´s inheritance laws you wish to be applicable when either of you may pass.
You have ,however, to formally make this choice in a testament drawn up by an appropiate lawyer.
If you do not do such, ES property (incl .house) will very likely be subject to ES inheritance laws.
These are not very favorable for the remaining partner as children (and, I believe, also step children) under these laws have the formal right to claim their legal part of the inheritance immediately! should they wish to do so.
We (we are both Dutch) therefore have made up testaments which as a first condition states that we want to apply NL laws, which fully protect the remaining partner.
Even though our kids remain their formal legal rights , they can not claim/inherit until the remaining partner dies.
I assume Irish laws may be similar?
There are some advantages to the ES laws , particularely because the non taxable inheritage amounts for (grand)children are substantially higher than in NL.
In any case I would advise to seek out a specialised lawyer that is aware of the laws in BOTH countries.
Posted: Wed Jan 22, 2025 10:58am
freekr wrote on Wed Jan 22, 2025 9:55am:
As an EU resident you can choose which country´s inheritance laws you wish to be applicable when either of you may pass.
You have ,however, to formally make this choice in a testament drawn up by an appropiate lawyer.
If you do not do such, ES property (incl .house) will very lik...Read more...
...ely be subject to ES inheritance laws.
These are not very favorable for the remaining partner as children (and, I believe, also step children) under these laws have the formal right to claim their legal part of the inheritance immediately! should they wish to do so.
We (we are both Dutch) therefore have made up testaments which as a first condition states that we want to apply NL laws, which fully protect the remaining partner.
Even though our kids remain their formal legal rights , they can not claim/inherit until the remaining partner dies.
I assume Irish laws may be similar?
There are some advantages to the ES laws , particularely because the non taxable inheritage amounts for (grand)children are substantially higher than in NL.
In any case I would advise to seek out a specialised lawyer that is aware of the laws in BOTH countries.
Thank you very much for your information.
I appreciate your kindness of writing a Reply to my questions.
I have now spoken to our Spanish lawyer and she explained the same to me.
Now I must start to settle down and sell my house in France and find a new home in Spain.
Thank you again and wishing you all the best.
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