Call +0034 619 250 931. Mon-Fri, 8am-7pm.
Call +0034 619 250 931. Mon-Fri, 8am-7pm.

Administration of Estates

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  • We will assist you planning your worldwide Estate and will make sure your taxes are minimized.
  • When investing in Spain, drafting your Spanish Will and making sure the Law applicable to your Succession is the one you have chosen is a MUST
  • We will register your Spanish Will and safekeep it.
  • Let us guide you throughout the process of the administration of a estate in Spain.

Death: Estate administration abroad:

The estate of the deceased is administered abroad
*and your lawyers from abroad will deal with the following*

  • Death Certificate issued by the Registrar​
  • Location of the Will: There can be a valid Will
  • There may not be a valid Will (Intestacy UK Law)
  • Application for a Grant of Probate
  • List of assets: Identify if there is a Spanish asset

Technical steps in Spain:

  1. Get in touch with the Client: initial telephone conversation and initial email.
  2. Initial written questionnaire so the Client can identify the list of assets in Spain.
    ​If Property we will need a copy of the title Deed
    If bank accounts we will need a copy of the Last Year’s Bank account
  3. Check-list to the UK solicitor asking for the following documents:
    Original Death Certificate
    Original Grant of Probate/Letters of Administration
    Copy of the English Will
    Passport copies of the executors and beneficiaries
  4. Organisation of the signature of the Power of Attorney before a Notary Public in the UK
  5. Application of the NIE number
    (Identification Number for Foreigners in Spain)
  6. Calculation of the Taxes to be paid:
    Inheritance Tax​
    Plusvalia tax
  7. Preparing the necessary Deed and paperwork
  8. Represent the beneficiaries before the Notary Public in Spain with a Power of Attorney and signature of the acceptance of the inheritance Deed before the Notary Public
  9. Tax payment before the Inland Revenue at the Autonomous Community where the asset is located.
  10. Making sure the beneficiary is registered as the new owner at the Spanish Land Registry.
  11. Change of the direct debit of the IBI receipt.
  12. Utilities

FAQ

Q. Do I need to do a Spanish Will if I have a foreign Will?​
A. *Foreign citizens with assets in Spain should do a Spanish will if they want to make the probate process quicker. If there is no Spanish will, beneficiaries have to wait until the Grant of Probate is supplied, is translated into Spanish, and apostilled. If you are a foreigner with residence in Spain, having a Spanish will in place is of essence if you want to apply your national Law to your inheritance. According to The European Succession Regulation EU650/2012 (also known as “Brussels IV”) if you have your habitual residence in Spain and you want your national law to be applicable to your Succession you should have a Will where this is expressly mentioned.*

Q. Can I sell the Spanish assets if I am a beneficiary?​
A. *Before you can sell them you will have to go throughout the inheritance proceeding in Spain. Then, once you have become the registered owner at the Spanish Land Registry, you can sell them*

Q. What happens if a relative passes away with assets in Spain, and we can not find a Will?​
A. *We can check if there is a registered Spanish Will in Spain, as in Spain there is the compulsory Wills Registry in Madrid. If there is no Spanish Will duly registered and no foreign Will, the inheritance will be qualified as Intestate, and the Law applicable will depend on where the deceased had his/her last residence.*

Q. If I am a non-resident and invest in Spain, what happens with my Spanish Inheritance Tax?​
A. *If you are a non-resident, since the ruling of the Spanish Supreme Court dated November 2018, there should not be tax discrimination between residents and non-residents, regardless if they are European residents or non-European residents. Therefore, the allowances, the deductions and all the tax benefits shall be applicable equally.*

Services

We take care of *You and your business*

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Real Estate & Golden Visa

We asses you about foreign investment and advise you about the different permits/options to become resident in Spain

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Corporate Law

We will help you relocate your company by using the best vehicle structure, and will provide you with all the necessary assistance.

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International Taxation

Plan your tax situation whether you are an individual or a company, resident or not resident.

Need to know more?
Our dedicated team of specialists are always here to help.

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