INHERITANCE AND WILLS
Recently we saw in the Spanish press, that 21 Spanish NGOs, charities, social non-profit organizations, have launched a joint campaign. The aim is to try to inform Spanish society about the possibility of including in Wills a legacy in favour of entities. These money injections could provide them with means to start new projects or maintain existing ones. Inheritance and Wills in Spain in favour of charities, is becoming habitual.
These “social ” legacies are not very common in Spain, when compared to some of our neighbouring countries.
In our experience, most of the Wills where there was some kind of provision in favour of charities, whilst Spanish wills, were granted by expatriates.
Such bequests are absolutely legal and possible, but they need to be made respecting the applicable law to Wills and inheritance
. For example, if under the applicable law it is imperative to leave a portion of the estate to a family member this “solidarity legacy” must not affect that portion. It is therefore necessary to know the applicable law and its limitations before making any will.
We have been able to help many of our clients in drafting their Wills correctly in favour of Spanish and non Spanish charities, foundations, etc.
It is essential to identity perfectly the NGO, with the full name, charity or association number in the relevant country, full address, etc.
Unfortunately we have seen cases where, it has been impossible to execute the Will, as it was made incorrectly, or did not accurately identify the beneficiary.
It could be advisable that the testator name an executor of the Will in Spain, to ensure that the will be fulfilled, and to simplify the inheritance process to the charities.
Also, because non-profit entities do not pay inheritance tax, (although they pay other taxes), from a tax point of view, the inheritance cost is often much cheaper for an entity of this kind, than for an individual.
We have been able to help NGOs, associations, foundations, charities and all kinds of Spanish, English, and international institutions.
We help them to take the necessary steps to be able to inherit in Spain, helping them to get their tax identification number, necessary documents and paperwork, etc.
Therefore, if you want to name a charity as your heir, beneficiary or legatee in your will, or if you are a charity that needs to inherit in Spain, for any legal advice regarding: Inheritance and Wills in Spain in favour of charities , our firm can help you.
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The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel:+34 966 426 185
White & Baos 2014 – All rights reserved.
5 thoughts on “Inheritance and Wills in Spain in favour of charities, NGOs, non-profit foundations , social organizations , etc. Legal Advice : The executor.”
Inheritance in Spain is different from other things, and I am glad that you’ve shared this excellent information here. This is one of the best blog posts that you’ve shared on this website.
Are charities in Spain exempt from inheritance tax?
Thank you for your comment.
Yes, the Charity do not pay IHT ( Inheritance Tax in Spain).
The IHT is only for individuals.
If you want to leave your assets to a charity, there are some information that is relevan to state them in the Will, to be identified correctly, and also, some documents and tax numbers that they will need to have in Spain.
If you want, we can assist you in preparing a Will in the best way.
Thank you for the above information in relation to charities and bequests.
Can I ask please if I were to leave an amount of money or a property to my charity registered church in the Valencian region of Spain would they also be exempt from inheritance tax.
Thank you for your message.
Yes. If the charity is an official one registered, they will not pay IHT.
It is really important when making a Will in favour of a Charity or NGO, to make sure that the full official details are properly stated on the Will.
If you need our assistance, in the preparation of the Will, please contact us:
Tel. 0034 966 426 185