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New Provisions in Inheritance Law

Recent developments in inheritance law mean that, for individuals who are habitually resident in a Member State of the European Union, the transfer of a property by inheritance or gift is now largely tax-exempt. This is welcome news for anyone concerned about estate planning.

For the acceptance of an inheritance involving a property in Spain, the traditional declaration of heirs (declaración de herederos) is no longer required or valid. Instead, the relevant document is now the European Certificate of Succession.

If the deceased had their habitual residence in Spain, this certificate can also be obtained in Spain, meaning it is not necessary to have it issued in the deceased’s country of origin.

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