DEALING WITH ESTATES WHICH HAVE PROPERTY IN SPAIN

If you own a property in Spain, you will have been advised when you made a Will in the UK to also make a Will in Spain to deal with that asset.

If you die owning property in Spain your Executors will need a qualified Spanish solicitor to deal with that asset as part of the administration of your estate.  There are some differences in the way estates are administered in Spain compared to England:

• All Spanish Wills are registered at the Spanish Will Registry and so a search of that Registry is necessary
• a Spanish Will can be executed before a Spanish Notary, which can take less time than getting a Grant of Probate in the UK
• Intestacy rules are different in Spain
• A Spanish Notary is needed to be able to transfer the title of a property, or get money out of a bank
• Inheritance Tax laws vary depending on the area of Spain the deceased person was domiciled in and the calculations are complex
• Life Interests in a property must be registered with the Spanish Land Registry

Dealing with an estate is a stressful time for the Executors and/or Beneficiaries, particularly when dealing with assets in foreign countries.  When a Spanish solicitor is instructed they will advise on the legal costs and the tax involved at the outset, and will explain the proceedings: how to deal with the inheritance, the steps involved (including post-completion  matters once the inheritance is accepted and executed), the documentation needed (procedure is different depending on whether or not there is a Will) and can assist with the sale of a property, help change utility bills, council tax bills etc and remind them of what else needs to be done.

We can help you to find a Spanish solicitor.