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MONEY

How to avoid problems with a family member’s Spanish bank account if they die

What happens to a person's bank account in Spain when they die? Here are all the steps you need to follow to avoid potential problems with Spanish banks when closing a deceased person's accounts and how it's linked to inheritance laws.

Published: 26 August 2021 15:55 CEST
Updated: 6 February 2023 17:16 CET
How to avoid problems with a family member's Spanish bank account if they die
Photo: Unsplash

When a family member passes away, not only do we have to face the grief and pain of the loss, but we’ll most likely be confronted with a pile of paperwork to sort out, and a big part of this is dealing with money and bank accounts.

However, there are ways to sidestep issues and extra fees that could arise as well as a correct modus operandi to follow.

  • If possible, make preparations before the person’s death

It’s important to be aware of how many accounts the person has before their death, so you know how many banks you will have to deal with. However, if you’re not sure of the amount of accounts they have at the time of death, you can go to the Agencia Tributaria (Spanish Tax Agency) office, with proof that you are the inheritor, who will be able to tell you the accounts in their name.

One option that can make things easier is to add yourself as a co-owner of the bank account before their death, which will give you access to the account before the bank blocks it. 

However, this isn’t always a good idea. Some may want to take money out of the account before the person’s death to avoid paying inheritance tax. But this isn’t very effective, since these movements will appear on the bank account’s balance and will eventually be notified to Hacienda (Tax Office).

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  • Notify the bank of the person’s death

When a person dies, it’s up to the inheritors to notify the bank of their death, so they can then interrupt any transactions and cancel any payments.

It’s important to do this as soon as possible to avoid any bills or commissions being charged.

The inheritors will have to present the bank with a certificado de defunción (death certificate), registro de actos de última voluntad, and a copy of the will. If there is no will, then they will need a copy of the declaration of heirs.

As soon as the inheritors notify the bank, the most common procedure is for the banks to block the part of the money in the account that belongs to the inheritance. This means that the money will not be used to pay for any outstanding bills or any “operations ordered during the life of the account holder for the maintenance of the inheritance”, as indicated by the Bank of Spain.

In most cases, 100 percent of the money in the bank account is part of the inheritance.

The bank is obliged to maintain the account for 20 years until someone claims the money on it. If nobody claims it, the money will go to the state.

  • Check the status of the bank accounts

You can ask the bank for the account balance before and after the time of death. This can only be handed out to the inheritors, so you’ll have to provide proof of this.

  • Sign the required paperwork and pay inheritance tax

You won’t be able to gain access to the bank account until an acceptance of the inheritance has been signed, and the inheritance tax has been paid. After this, you’ll be able to access the money from the account, whether it’s in cash, with a bank transfer or a cheque.

READ ALSO: Five things you need to know about inheritance tax in Spain

Are these bank services free?

Some banks will want to charge a commission for managing these accounts. However, you should be careful about paying any extra charges since the bank is required to provide the majority of services, such as providing a balance certificate, for free.

The bank is obliged to report the deceased person’s financial situation. They should not charge for a certificate and must give a copy to any hair who requests it.

The same goes for the information about the bank account’s balance, and the bank cannot make you open an account with them and charge you a commission for it.

However, the bank is allowed to charge for a balance of the account if it dates from or over a year ago. But must inform you of the cost first.

If you are worried that a bank is requesting unreasonable fees, you should check with the customer service department.

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SPANISH TRADITIONS

Everything you need to know about Mother’s Day in Spain

Here's how and when in May Mother's Day is celebrated in Spain, and why it owes its roots to religion and a Valencian poet.

Published: 3 May 2024 13:37 CEST
Everything you need to know about Mother's Day in Spain

This year, Mother’s Day (El Día de la Madre) is celebrated in Spain on Sunday May 5th. It’s always celebrated on the first Sunday of the month of May.

On this day, young children in Spain give their mothers manualidades (crafts) they’ve made at school as a token of their love.

Husbands and older sons and daughters may buy their wives/mothers a present to say thanks for all that they do as matriarchs, which usually takes the form of a detalle (smaller present than for a birthday or Christmas), and will come accompanied by a message such as te quiero, mamá (I love you, mum).

According to experiences website Aladinia, the average Spaniards spends €65 on gifts on Mother’s Day. 

Other mums may send out text messages to wish each other ¡Feliz Día de la Madre! (Happy Mother’s Day!).

As it’s always celebrated on a Sunday, many shops will be closed but you can expect plenty of restaurants to be open for lunch and perhaps dinner. 

Depending where you’re from, the first Sunday of May may or may not be when you’re used to celebrating Mother’s Day in your home country.

Around the world over 100 countries celebrate Mother’s Day (or Mothering Sunday, more on the difference below) – 77 in May, 13 in March, and 14 at other times during the year.

Some countries, like the UK, celebrate Mothering Sunday on the fourth Sunday during Lent, meaning that the date changes each year. This is because Mothering Sunday was originally a Christian holiday in some European countries.

READ ALSO: How a female teacher campaigned for Spain to have a Father’s Day

Spain, however, like in the United States, celebrates Mother’s Day on the first Sunday in May each year, meaning that it doesn’t have a fixed date either. But it wasn’t always like that in Spain.

The history of Mother’s Day in Spain

The first Mother’s Day in Spain was celebrated in Madrid all the way back on October 4th, 1926. Much of the impetus for establishing a day to celebrate mothers came, rather fittingly, from a poet.

Julio Menéndez García, a Valencian poet and public servant, pushed for a special day to celebrate mothers. Spanish newspaper La Libertad published a short section on Garcìa’s efforts in October 1925:

“A Levantine poet, Julio Menéndez García, has had the happy initiative that in Spain and in the Spanish-speaking nations a day should be consecrated to extol the love of mothers. The establishment of Mother’s Day is something tender and sympathetic, which deserves to be welcomed by governments, the press and public opinion, as it involves the highest tribute to women in their most august representation.”

After the Civil War, the church moved the date to December 8th to coincide with the Feast of the Immaculate Conception, a key holiday among Catholics. 

Civil War-era poster urging Madrid mothers to leave the Spanish capital with their children before the arrival of Franco’s troops. (Photo by AFP)

But it wasn’t until 1965 that Mother’s Day was celebrated in May in Spain. The reason for this change of date was to separate the celebrations (both were considered important enough to have their own day) but also the influence of other countries, namely the United States.

The campaign for a Mother’s Day was originally started by Anna Jarvis, an American wanting to honour her mother, in 1908. By 1914, US President Woodrow Wilson officially signed it into law, establishing the May date. 

However, for many years in Spain department store El Corte Inglés maintained the date of 8th December, meaning that Spain Mother’s Day was celebrated twice a year for a while, commercially speaking at least.

In 1936 a local council in Breña Baja, on the Canary island of La Palma, became the first in Spain to move Mother’s Day to May.

However, in 1965 the church authorities officially decided to move Mother’s Day to May, a month consecrated to the Virgin Mary. May is also the month of female gods in the classical world, and in Catholicism is dedicated to the Virgin Mary.

Interestingly, Jarvis herself later campaigned against the day, arguing it had become overly commercialised, something Spaniards often bemoan about other imported American customs like Halloween and Valentine’s Day. 

READ ALSO: How a female teacher campaigned for Spain to have a Father’s Day

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