Steps to help you with receiving your inheritance in Spain

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If you have inherited assets (a property, a boat, a car or a bank account) in Spain it is important to know what inheritance tax is due.

If you need to manage your recently-acquired inheritance, our simple step process along with our team of specialists are here to help.

Free consultation to discuss a Spanish inheritance

If you have recently inherited assets in Spain and would like to discuss your inheritance with one of our specialist lawyers, please complete and return the attached form and we will then arrange a mutually convenient time to either call or meet you to discuss next steps. Alternatively, call us now to discuss your Spanish inheritance.

Knowing which process you need to follow

The inheritance process will vary depending on if your loved one died with a Spanish, foreign, or even no will at all. Please select the option below which is most applicable to your situation.

1. Step-by-step guide to inheriting Spanish assets with a Spanish will:
1: If person died outside of Spain, obtain Death Certificate, stamped by notary – and Apostile of the Hague.
2: Use Death Certificate to apply for Last Wishes Certificate (Certificado de Ultimas Voluntades).
3: Heirs and or executors to sign power of attorney to lawyer.
4: Obtain copy of last Spanish will from Notary.
5: Value all Spanish assets and calculate tax.
6: Sign deed of acceptance of Spanish inheritance.
7: Pay notary fees and inheritance tax (if applicable).
8: Register assets in heirs’ names.

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2. Step-by-step guide to inheriting Spanish assets with a Foreign will:
1: Obtain Death Certificate and stamp with Apostile of the Hague and translation.
2: Obtain a Grant of Probate in the UK if UK national died without a Spanish will.
3: If the deceased is not from the UK, obtain court certificate from the deceased's home country appointing heir/executors.
4: In Spain apply for Last Wishes Certificate (Certificado de Ultimas Voluntades).
5: Heirs and or executors to sign power of attorney to lawyer.
6: Obtain copy of last Spanish will from Notary if one exists.
7: Value all Spanish assets and calculate tax.
8: Sign deed of acceptance of Spanish inheritance.
9: Pay notary fees and inheritance tax (if applicable).
10: Register assets in heirs’ names.

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3. Step-by-step guide to inheriting Spanish assets with no will at all:
1: UK nationals with assets and no will require a Grant of Letters of Administration (UK).
2: Obtain Death Certificate. If died outside of Spain, Stamp with Apostile of the Hague and translate.
3: If the deceased is not from the UK, obtain court certificate from the deceased's home country appointing heir/executors.
4: In Spain apply for Last Wishes Certificate (Certificado de Ultimas Voluntades).
5: Heirs and or executors to sign power of attorney to lawyer.
6: Value all Spanish assets and calculate tax.
7: Sign deed of acceptance of Spanish inheritance.
8: Pay notary fees and inheritance tax (if applicable).
9: Register assets in heirs’ names.

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Key Information

Powers of attorney from heirs and executors

These will be necessary to progress the Spanish estate. The powers of attorney can be signed in your home country so there is no need for you or the executors to come to Spain unless of course you wish to.

Legal Costs

We will provide a fixed quote for legal costs depending on the complexity of the matter. In addition and depending on the assets to be inherited, you will incur notary and land registry fees (if there is a Spanish property), translation (see below) and courier costs and all heirs and executors will require NIEs (Spanish tax numbers). We can provide an approximate cost for the disbursements not representing legal costs.

Stamp of the Apostile of The Hague

All official foreign documents to be used in Spain such as death, birth or marriage certificates require the Stamp of the Apostile of the Hague. In the UK you can ask your local notary to arrange this or you can arrange this by visiting the following website: https://www.gov.uk/get-document-legalised

Translations

We have multilingual court approved translators who can assist in translating all of the documents necessary to complete the Spanish inheritance process. Once we receive the documents from you, we will confirm the costs of translation.