inheritances

ALTEALEX - Practice Areas

Inheritances

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 his own country.

Succession in Spain is a complex matter that needs to be handled by an expert lawyer. There are 17 regions in Spain each with their own laws on the matter besides national laws. There is also local regulation from town halls which may significantly impact taxation due.

How can we help you

ALTEALEX has the necessary expertise to assist with Spanish estate administration. Our English-speaking 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.

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 which can vary widely, with local rates being significantly different in different parts of Spain.

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.

If there is only a foreign 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
  • Your contry 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

 

Our probate service is all-inclusive:

  • General advice and assistance on inheritance and probate matters.
  • Obtaining death certificates.
  • Requesting a Wills Certificate from the Central Registry of Wills in Madrid.
  • Obtaining the will from the Notary Public where it was signed in Spain.
  • Collating all the rest of necessary paperwork.
  • Drafting a Power of Attorney to act on behalf of beneficiaries.
  • Drafting and signing deed of Inheritance Acceptance.
  • Assistance at Notary Public.
  • Lodging the new deed before the Land Registry with updated owner’s details.