Spanish Wills and Probate

Spanish Wills and Probate

No one likes to read about death, let alone the actual organising of a will, but have you given any thought as to what will happen to your Spanish property in the event of your death?

If you have a property or assets in Spain, at Lgnlaw we advise you to draw up a Spanish Will. This will help to ensure that the designated beneficiaries receive their possessions in the event of someone’s death. Spanish Wills and Probate Law allow you to nominate recipients of your assets according to the law of your home country.

At Lgnlaw we can help with many aspects of Spanish Will and Probate Law including:

  • Power of Attorney for Inheritance
  • Central Will Registry
  • Registry of Deaths
  • Revoking a Will
  • Civil Partnership

Understanding Spanish Probate

Spanish Law does not operate like English Law in the event of someone’s death. In England the estate will pass to the next surviving spouse or family member. In order to inherit assets in Spain the spouse or surviving family member will have to provide a ‘Deed of Acceptance’ in order to proceed with registration of assets.

Subsequently Power of Attorney is required before the banks will disclose information of the deceased’s affairs. Please note; the beneficiary is also required to pay inheritance tax – rather than the estate. The amount owed will be calculated from the size of the assets and upon confirmation of the blood ties of the deceased and the beneficiaries.

Deed of Declaration of Inheritance

At Lgnlaw we recommend our services because of our experience and expertise in dealing with aspects of Spanish Law that have no equivalent in England and Wales. One such determining factor, as mentioned, is the Deed of Declaration and Acceptance of the Inheritance. These are formal documents that disclose information about the estate and the beneficiaries.

These important documents involve dividing the estate of the deceased among the beneficiaries. Unless a Public Notary has signed the Deed of Declaration, beneficiaries cannot apply to the Land Registry and therefore cannot accept the property of the deceased in their own name.

It is important that you understand that the English and Spanish Wills you hold do not revoke or contradict each other. Working as English solicitors, we can review your English Will or prepare your English Will to avoid conflicts in the future.

We have years of experience and we prepare the Wills to comply with the Spanish and English legal requirements, so that you can sign a Will at a Notary’s office near you, drafted both in English and Spanish that will be registered at the official Register of Wills.

In the difficult time of the death of a loved one, we can guide you through the Spanish and English Probate process, obtain the Grant of Probate (Adjudicación de Herederos), transfer of assets and payment of taxes. You will be in the hands of an experienced and trusted solicitor in Spain, working alongside us, and we will provide you with deeds and receipts for all the payments made (Notary, Registry and tax fees). We can work directly with you or with your solicitors.

Whether the death happened in England or in Spain, we can help you with both the Probate matters in Spain and UK. For all enquiries concerning Spanish Wills and Probate call Laura Garcia at Lgnlaw on this number: 01273 222 912.