Spanish Wills, Inheritance & Probate Services for
UK Citizens
Understanding Spanish Inheritance
Spanish inheritance laws differ significantly from those in the UK, and it is crucial for UK citizens with Spanish assets to understand these differences. In Spain, inheritance is governed by both national and regional rules, with the concept of “forced heirship” playing a central role.
Inheritance procedures in Spain involve a number of formal steps, including obtaining official certificates and paying inheritance tax, which can be complicated for non-residents. It is important to plan ahead and seek professional advice to ensure your estate is managed as you intend.
Why Spanish Assets Create a Unique Challenge
When a UK citizen owns property or other assets in Spain, their estate falls under a different legal jurisdiction. Unlike the UK system, Spanish inheritance law involves specific regional variations and mandatory procedures that can be confusing for non-residents.
Spanish law includes the concept of “forced heirship,” which states a certain portion of the estate must pass to specific relatives, such as children. While EU regulations allow foreign nationals to choose the law of their nationality to apply to their estate, this choice must be explicitly stated in a Will. Otherwise, Spanish law will automatically apply.
Which Law Applies? UK or Spanish Law for Your Estate?
A key decision for any UK national with Spanish assets is determining which country’s law will govern their inheritance. Since the introduction of EU Regulation 650/2012 (known as “Brussels IV”), you have the right to choose the law of your nationality to apply to your entire estate, including your Spanish assets.
The Risks of Dying Without a Spanish Will (“Intestate”)
Dying without a valid Will is known as dying “intestate.” If a UK citizen with Spanish assets dies intestate, the situation becomes complicated and costly for their heirs. The Spanish authorities will apply a default set of succession rules, which may not align with how you would have wished to distribute your assets.
The process involves significant administrative hurdles. Your heirs will need to prove their relationship to you through a complex and often lengthy legal procedure in their home country, which then needs to be officially recognized in Spain. Having a Spanish Will avoids this entire ordeal, saving your loved one’s time, money, and unnecessary distress.
Our Comprehensive Legal Services for Your Spanish Estate
Navigating the complexities of inheritance law in Spain can be overwhelming, especially for UK residents unfamiliar with the process. We deal with all areas of estate planning as well as dealing with deceased estates remotely so you don’t have to travel to Spain to claim your Spanish Will as a UK resident.
Preparation of Spanish Wills (for both UK and Spanish residents)
It is often a good idea for UK nationals who own property in Spain to have a Spanish Will prepared in order to safeguard their property assets in Spain. We can prepare Spanish Wills according to current Spanish Law.
Probate and Inheritance (including distribution of estates)
From obtaining necessary legal documentation to distributing estates, We handle all aspects of probate in Spain, including communication with Spanish institutions and authorities on your behalf.
Winding up of Spanish
Estates
Simplification of the estate liquidation process, whether it involves property sales, financial accounts, or settling debts with creditors in Spain.
Inheritance Tax
Inheritance law varies from each region, making the process even more confusing for foreign clients. Having a lawyer deal with this issue will save you countless hours and ensure you pay the minimum.
Setting up Powers of
Attorney
Claiming an inheritance as a British citizen remotely is possible thanks to a Power of Attorney (POA). This document allows to act on your behalf as legal representative in Spain.
Resolving Disputes
Should conflicts arise between heirs or third parties, We will intercede to protect your rights and reach a resolution under Spanish law.
The Step-by-Step Probate Process for UK Citizens
Navigating probate in Spain involves different procedures based on your specific situation. We break it down into three main scenarios so you know what to expect and how our team can assist:
Scenario A: When There is a Spanish Will
If a Spanish Will has been made, the probate process is straightforward and typically much faster. The main steps include:
- Obtaining the Death Certificate: This can be issued in the UK or in Spain if the death occurred there.
- Application to the Central Wills Registry: Your Spanish legal representative will request a certificate confirming the validity of the Spanish Will.
- Gathering Documentation: All relevant property, assets, and heir identification documents are collected for presentation to the notary.
- Notarial Process: The notary drafts the Deed of Acceptance and Adjudication of the Inheritance (Escritura de Herencia), confirming the heirs’ rights.
- Tax Payments: Inheritance Tax forms must be completed and all taxes paid. Our team calculates any possible deductions and ensures deadlines are met.
- Asset Registration: After tax is paid, property or other Spanish assets are transferred and registered in the heirs’ names.
This scenario is the quickest and involves fewer complications, minimizing both the time and expenses for your heirs.
Scenario B: When There is Only a UK Will
If only a UK Will exists, the Spanish probate process becomes more complex. The required steps are:
- Legalisation and Translation: The UK Grant of Probate and the Will must be legalized with an Apostille and translated into Spanish by a sworn translator.
- Recognition by Spanish Authorities: The translated documents are submitted to the Spanish notary to formally recognize the Will.
- Further Documentation: Additional papers may be requested, such as proof of kinship or asset ownership.
- Acceptance of Inheritance: The heirs must sign the Deed of Acceptance, as in Scenario A, and pay any Inheritance Tax due.
- Registration: Assets are then transferred into the heirs’ names upon completion of the process.
This process takes longer and is more costly than if a Spanish Will is in place, due to the legalisation and translation requirements.
Scenario C: When There is No Will (Intestate)
When there is no will, the Spanish authorities will apply intestacy rules. The process is as follows:
- Obtaining Letters of Administration (UK): The heirs need to secure Letters of Administration from the UK Probate Registry, legalized with the Apostille and accompanied by certified translations.
- Declaration of Heirs: In Spain, a formal “Declaración de Herederos Ab-Intestato” must be processed before a Spanish notary, who determines the rightful heirs based on relationship and documentation provided.
- Documentation Gathering: Birth certificates, marriage certificates, and proof of kinship are required.
- Inheritance Tax: Taxes must be declared and paid, applying deductions where possible.
- Asset Transfer: Once all legal and tax requirements are met, Spanish assets are distributed to the heirs.
This is the lengthiest and most expensive scenario, often taking months to resolve and involving significant administrative hurdles.
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Why Choose Our Team
- UK-based since 2007, working entirely in English and understanding the differences between UK and Spanish law
- Spanish law specialists with 30+ years of experience
- Office in Marbella, Málaga, to facilitate all legal processes in Spain
Contact Us for Expert Guidance on Your Spanish Inheritance
Do not leave the future of your Spanish assets to chance. Whether you need to draft a Spanish Will, require assistance with probate, or are facing an inheritance dispute, our team is here to help. Contact us today for a consultation and gain peace of mind knowing your affairs are in expert hands.