Whenever La2’s program L’Altaveu believes our director can contribute her expertise in inheritance law, she is invited. This time, it was on the occasion of Mr. Isak Andic’s (RIP) estate, which is considered an international inheritance due to assets being located in more than one country.
Tax-wise:
The heirs, who reside in Catalonia, must pay taxes under personal liability in Catalonia on all inherited assets, regardless of their location.
In addition, in each country where the deceased held assets, taxes must be paid under real liability.
If Spain and the country where the assets are located have signed a double taxation agreement, it must be reviewed and the most favorable option for the taxpayer applied.
Legally (civil law):
If there is a will, it may specify the law of the State that should govern the succession (professio iuris), typically favoring the national law of the deceased. This speeds up and facilitates the inheritance process.
On the other hand, if the succession is intestate because the deceased did not make a will, the applicable law must be determined. For residents of EU Member States that are signatories of European Regulation 650/2012, the law of their habitual residence will apply.
Conclusion: In international inheritances, planning is also advisable.
Many thanks once again to the program team and Danae Boronat.
You can watch the program here:
