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If you die owning Spanish assets but only have a UK Will, the process to deal with your Spanish Estate is long winded and costly.

Without a Will in any country where you own ‘immovable property’, your UK estate will be frozen long after UK probate is granted, until the foreign estate is settled – often taking years.

Get a Spanish Will and Power of Attorney

Our expert support will ensure you have documents which are fit for purpose in both Spain and the UK.

Complete our Estate Planning Assessment for valuable insights into the concepts and provisions that might be applicable for your situation.

Alternatively, you can contact us by phone or email.

Spanish Probate without a Spanish Will

If you choose not to write a valid Spanish Will, the process of managing your Spanish Estate upon your death will costly and complicated:

  • Your worldwide assets will need to be valued
  • UK inheritance tax (IHT) will need to be paid on your worldwide assets (where relevant)
  • A ‘Grant of Probate’ will then need to be obtained in the UK
  • Each beneficiary will need to apply for an NIE number – similar to a national insurance number
  • A Spanish solicitor must then be sourced and appointed
  • Each beneficiary will need to give the Spanish solicitor ‘Power of Attorney’ over your Spanish property and finances, so the solicitor can act for them in order for them to receive their inheritance. The Power of Attorney must be signed by each beneficiary and witnessed by a Notary
  • Your UK Will, Death Certificate, UK Grant of Probate and the Spanish Power of Attorney, will then need an ‘Apostille of The Hague’ applied – confirming the authenticity of the signatures and seals and certifying the documents to be genuine so they can be used in Spain
  • All the documents will need to be translated into Spanish
  • The Spanish solicitor can then start the process of establishing the taxes to be paid in Spain, and ultimately distribute the assets
  • Depending on the amount of the Spanish taxes, the UK Executors may need to apply for a refund from HMRC on the amount of IHT originally paid in the UK

Fortunately, there is a far simpler alternative

If you have UK and Spanish assets, having a Will valid in the UK and one in Spain will avoid the cost and complexity detailed above, expediting and simplifying the whole process. It will also avoid your UK estate being frozen still further while your Spanish estate is dealt with.

The most efficient way to protect your Spanish estate – and your family – is to have a notarised Spanish Will in place just for your Spanish estate, containing the ‘EU succession clause’ which enables the ‘laws of England and Wales’ to govern the succession of your Spanish assets. This avoids Spanish forced heirship rules applying.

Michael Marley

Rachael is so knowledgeable on her subject and came highly recommended. On first meeting her, I could see exactly why. She dispenses with jargon, is straight talking, and to not use her is an opportunity missed to get your paperwork exactly right for every eventuality!

Michael Marley

In the event that you lose mental capacity

As in the UK, your spouse/partner and family have no right to manage your assets in Spain unless you have a Spanish ‘Power of Attorney for Property and Finance’ drafted and notarised.

Property purchases and pre-existing Power of Attorney

If you’ve bought a property in Spain you also need to be aware, that you probably had to give your bank or lawyer ‘Power of Attorney’ so they could deal with the purchase. That Power will still be in force until you legally revoke it!

Therefore, I strongly recommend all my clients arrange their Spanish Power of Attorney for Property and Finance.

This allows you to appoint who YOU want and trust to act on your behalf when you can’t – not a stranger or a representative of the Spanish Government.

This is essential as your Spanish accounts and other assets will be frozen should you lose mental capacity in the future.

Ensure complete protection

A Spanish Power of Attorney for Property and Finance must be notarised. You can use your own notary in the UK or in Spain, or our Spanish partners can arrange one for you.

Through Heir Tight Wills, you can now organise a notarised Spanish Will to accompany your UK Will – which will be drafted in Spanish with an English translation. In addition, we can provide you with a notarised Spanish Property and Finance Power of Attorney to accompany your UK Lasting Powers of Attorney – providing complete protection for your estates in both countries.

If you are not able to travel to Spain to get your Spanish documents notarised, we can arrange for you to get this completed in the UK with an ‘Apostille certificate’ attached. Our Spanish partners will then register your Spanish Will with the Wills Registry in Madrid.

Complete our Estate Planning Assessment for valuable insights into the concepts and provisions that might be applicable for your situation.

Post-death services

Have you considered the challenges for your Executors of dealing with the probate of your Spanish estate after your death?

Through our carefully selected Spanish partners, Heir Tight Wills can provide your Executors with a complete, efficient and professional Probate and Estate Administration service for your Spanish estate – at a fixed fee of 1.75% (+ tax) of the gross Spanish estate value.

This will avoid your family and Executors having the added stress of sourcing and negotiating with Spanish Solicitors, and save them from struggling with the language barrier and bureaucratic legal system at an already very difficult time.

Contact us to request further information about our Spanish Probate services.

Advice on any Spanish Legal, Tax or Financial matter:

If you own or are considering purchasing a property in Spain, or if you have any other legal questions regarding living there, Heir Tight Wills can provide you with a consultation for up to 1 hour with one of our fluent English-speaking Spanish Lawyers.

Their areas of advice include, but are not restricted to

  • conveyancing
  • mortgages / equity release
  • insurance
  • driving licences (and traffic violations)
  • car registration
  • employment law
  • contract law
  • prepaid Spanish funeral plans
  • debt recovery
  • bankruptcy
  • and divorce

The lawyer can also connect you with Spanish financial advisors for pensions and investments.

Please contact us for further information.

Rachael Rodgers

Don’t leave it until it’s too late

Would you like the peace of mind of knowing that your Spanish affairs are correctly set up during your lifetime, and will be managed in the way you intended after your death, without substantial additional expense and stress for your loved ones?

Contact us to find out how

Complexity made simple

Don’t leave it until it’s too late

Rachael Rodgers

Would you like the peace of mind of knowing that your Spanish affairs are correctly set up during your lifetime, and will be managed in the way you intended after your death, without substantial additional expense and stress for your loved ones?

Contact us to find out how

Complexity made simple