Spanish Probate Lawyers in UK (London) and Spain
The period following the death of a loved one or family member can be uncertain and stressful. Matters become even more complicated when estate assets are located overseas or when the deceased was not domiciled in the United Kingdom. We have the necessary expertise to assist with Spanish estate administration.
BCP International Law Firm acts sensitively and practically to remove the obstacles to the smooth administration of estates where assets are located abroad.
Clients of BCP include:
- Executors and beneficiaries
- Family members of the deceased
- Other lawyers who do not have the requisite knowledge and expertise to deal with probate issues abroad
- Accountants involved in estate administration and inheritance tax issues
- Estate agents instructed in the sale of estate property abroad
- Wealth management companies and Independent financial advisers
Expert Spanish Probate Lawyers in UK (London) and Spain
As a full-service Spanish law firm, BCP has specialists in many areas, including probate, conveyancing and taxation. This means that immediate, cost-effective access to advice on issues such as transfers and sales of properties to heirs and beneficiaries abroad as well as inheritance tax planning and taxation of foreign assets is available.
Our probate work in this area is comprehensive. It includes:
- Bespoke advice on inheritance taxation and planning, including information on recent property tax reforms by Governments affecting foreign property owners
- Obtaining death certificates and grants of probate
- General advice and assistance on inheritance and probate matters abroad
- Transfer of securities and bank account funds onto heirs and beneficiaries
- Preparation of public deeds for the transfer of inherited properties
- Legal representation of heirs under the legal age
- Arranging affidavits of foreign law and notarisation of documents
- Contentious Probate and Inheritance issues
Dealing with UK Residents' Spanish Assets
There are a range of challenges to be overcome when dealing with Spanish assets following a death, with different rates of inheritance tax to be paid depending on the nationality and residence of the deceased and the beneficiaries. There are both national and regional rates of inheritance tax – the rate applicable will depend upon nationality and residency. The amount paid in inheritance tax can vary widely, with local rates being significantly different in different parts of the country.
Our bilingual Spanish probate lawyers can handle and oversee all aspects of the inheritance process on your behalf, from processing the Will and negotiating the proper division of assets to registering new ownership of Spanish properties and responding to any inheritance issues that arise.
The Procedure for Dealing with Non-Residents' Property after Death
The procedures involved in dealing with property after death will be dependent upon whether a Spanish Will has been made. If a Spanish Will exists, a copy of a death certificate will be needed before an application can be made for a legal copy of the Spanish Will. A valuation of the deceased's Spanish estate must be made, after which administration of the estate can begin.
If there is only a UK Will, documents must be translated, notarised and apostilled before administration of the estate can proceed. The documents that will require translation are:
- The Death Certificate
- The UK Will
- The Grant of Representation
- In some cases, it may be necessary to provide a Certificate of Law explaining the law of intestacy in the resident country
Legally formalities for transferring property to beneficiaries must be completed before a Spanish Notary. The Notary has responsibility for carrying out essential checks, such as ensuring that beneficiaries are entitled to the assets of the deceased.
Inheritance Tax for Those Not Resident in Spain
Beneficiaries who are not usually resident in Spain will be liable for this tax, as well as beneficiaries of an estate where the deceased did not have their habitual residence in Spain.
Non-resident foreign national taxpayers will have to apply for an NIE (Número de Identificación de Extranjero), a Spanish identification number that is required for paying taxes, buying property and opening bank accounts. This can be applied for at certain police stations or through the Tax Agency Office. You will need to provide the following documents when doing so:
- An authenticated photocopy of your passport
- A photocopy of the Deeds of Acceptance of the Inheritance
- The NIE application form
- If a representative is acting on your behalf, the authorisation or power of attorney
Non-resident Spanish taxpayers must apply for a NIF (Número de Identificación Fiscal), a Spanish tax ID number. To do so, you must present a certificate from the Spanish Consulate in the UK confirming that you are on the Register of Spanish Citizens and an authenticated photocopy of the consular passport of the beneficiary.
Contact our English-Speaking Spanish Probate Lawyers in London and Spain
BCP International Law Firm provides specialist advice on Spanish Wills and, with offices overseas, is ideally placed to assist in the administration of estates and tax advice where assets are located abroad. Contact us online or by phone on +44 (0)207 936 9072 (UK) or +34 952 862 227 (Spain).