Inheritance and Spanish wills

What happens to the Spanish part of an estate

A UK grant of probate or confirmation does not transfer Spanish property. The heirs accept the inheritance in a Spanish notarial deed, pay Spanish inheritance tax and register the property in their names. Banks release Spanish accounts only against that paperwork.

The first question is which law governs the succession. Under the EU Succession Regulation, which Spanish notaries and courts apply to everyone, including UK residents, the starting point is the law of the country where the person lived. A choice of law in the will, and the UK’s own conflict rules on land, can change the answer. I settle that first, because it decides who inherits the Spanish property and in what shares.

What I do

• Obtain the Spanish certificate of wills and check for any Spanish will.
• Get NIE numbers for the heirs and prepare the powers of attorney they sign in the UK.
• Work out the documents needed from the UK estate: death certificate, will, grant and, where required, evidence of UK law.
• Prepare and sign the inheritance deed before a Spanish notary under your powers of attorney.
• File the Spanish inheritance tax returns, including the regional allowances that apply to UK residents, and the municipal capital gains tax.
• Register the property and release bank balances, or coordinate a sale.

Deadlines

Spanish inheritance tax is due within six months of the death. An extension of a further six months can be requested within the first five months. Late filing brings surcharges and interest, so if the death was some time ago, say so in your enquiry.

First step: estate review & advice

Start with a scoped review of the death certificate, wills, UK grant, known Spanish assets, heirs and immediate deadlines. You receive advice and a Spanish-side action plan, with a quote for the next stage. The review costs £350 and is credited in full against the estate service if you go ahead.

Request an estate review. Include the date of death and any known deadline in your enquiry.

Spanish wills for British owners

Many British owners of Spanish property do not need a Spanish will: a properly drafted UK will can cover it. A Spanish will is useful when it speeds up the process for your heirs or when you live, or may come to live, in Spain.

A will is a personal act under Spanish law and cannot be signed by power of attorney. I draft it, explain it in English and book the notary for your next trip to Spain. If you are not travelling, I can instead draft a choice-of-law clause for your solicitor or will-writer to include in your UK will.

Fees

Fixed fees in pounds sterling, confirmed in writing before any work begins. Applicable taxes are confirmed in your written quote. Third-party costs such as notary, registry, taxes, translations and apostilles are paid in euros at cost, unless expressly included. How fees work.

Common questions

Do I need a UK grant of probate for the Spanish property?

Not always. Spanish notaries need to see who the heirs are and that the will is valid. Depending on the will and the estate, a UK grant or other evidence of UK law may be the simplest way to show that. I tell you what is needed before you spend money on it.

Will we pay Spanish inheritance tax?

Spanish inheritance tax is paid by each heir on what they receive in Spain. UK residents can apply the allowances of the Spanish region where the property is located, which in several regions reduce the tax substantially for children and spouses. UK inheritance tax is a separate question for your UK adviser.

Do the heirs have to travel to Spain?

Usually not. Each heir signs a Spanish power of attorney before a UK notary public, with an apostille, and I sign on their behalf.

Can the property be sold straight away?

The heirs must first accept the inheritance and pay the tax. The sale can be prepared in parallel, and sometimes the same notary appointment covers both.