Is quite different to probate in UK and without expert advice it can become complex and expensive.
How is it different?
- A “Deed of Acceptance of the Inheritance” needs to be provided to the Spanish Authorities
- Properties do not pass automatically to the surviving spouse
- The Spanish courts do not issue Grants of Probate or Letters of Administration
- A Power of Attorney executed by the beneficiary or executors is required before banks will reveal information about the deceased affairs
- Inheritance tax is payable by the beneficiary rather than the estate
- IHT is calculated on the amount received and the blood relationship between the beneficiary and the deceased
What do you need to think about/consider?
- How to deal with the language barrier if you are not fluent in Spanish
- How to deal with the various Authorities, Banks and Community Owners
- How to deal with unfamiliar documentation and processes
- Understanding and locating the deceased’s Will
- How to obtain the Deed of Acceptance of the Inheritance as there is no equivalent in the UK
- How to obtain a Certificate from the Central Register of Spanish Wills – this must be attached to the Deed of Acceptance of the Inheritance
- How to have documents translated, prepared and submitted to the correct bodies
How we can help you
We work with the beneficiaries to help them inherit Spanish assets in the most efficient way, whether under a Spanish Will, a foreign Will or in some cases no Will.
Susana our Spanish Solicitor is professionally qualified, with vast experience and is bilingual.
She can provide legal services to Solicitors, Probate Practitioners or directly to individual executors and beneficiaries, wherever in the UK they are based.
Susana will be happy to discuss your situation and help you identify what needs to be done next. She can also help you through the process.