There are 3 possibilities when a UK Spanish Property Owner passes away:
- He dies with a Spanish Will: The inheritance procedure and transfer of the property is much less complicated than below and takes less time to complete.
- He dies Intestate without a Will: UK intestacy Laws apply, a Grant of Representation needs to be obtained from the UK Probate office, and then has to be legalized for use in Spain.
- He dies with a UK Will: Grant of Probate must be obtained from needs to be obtained from the UK Probate office, and then has to be legalized for use in Spain. We have dealt with many cases of all 3 types of procedures. They all have in common that we need to translate and legalize the death certificate with the Apostille at the Foreign Office, if the death was in the UK. Then the death certificate has to be sent to the Central Registry of Acts of Last Wills and Testaments in Madrid. In a few days, the Registry issues a certificate stating if there was or was not a Spanish Will Registered (in cases 2&3, it will stte “NO”). In case1, it will mention where and in front of which Notary the Will was signed, and the date.
Then with the Will certificate, death certificate and the original Will, the deeds of the acceptance of the inheritance and transfer of the assets to the beneficiaries can be signed in front of a Notary. If the beneficiaries wish to sell a house for example, the sale can be completed on that very same day.
We have a great deal of experience with Inheritances and Wills in Spain, and are here to help.
Updated on 2017-09-29T12:20:25+00:00, by .