We specialize in all aspects of Spanish succession and inheritance law:
- Inheritance & probate procedure
- Compulsory or obligatory heirship rules
- Intestacy rules
- Obtaining Grant of Probate
- Administration of estates including realisation of assets
- Revocation of wills
- Contentious matters involving disputed or defective wills
Probate cases typically fall into two categories:-
- Administering the estate of non-Spanish nationals where either the deceased or the beneficiary or indeed both reside outside of Spain but the sited assets are Spanish.
- Administering the estate where the deceased died having been domiciled in Spain but leaving assets in other jurisdictions e.g. GB, Ireland, Commonwealth, Jersey, Gibraltar, USA, etc.
Upon instruction we will:
- * Advise in clear and precise terms the documentation required.
- * Draft any required powers of attorney.
- * Make arrangements with practising notaries outside of Spain to witness the execution of any required powers of attorney.
- * Advise how and where to have documents legalised/apostilled.
- * Arrange translations of English documents into Spanish and Spanish documents into English.
- * Prepare and arrange the execution of the Spanish probate deed (escritura de aceptación y adjudicación de herencia).
- * Apply for NIE/tax numbers and register same with the tax office.
- * Complete and file inheritance tax returns.
- * Pay municipal “plusvalía” taxes.
- * Re-register all property and assets in the names of the beneficiaries.
- * Make arrangements for property to be sold.
- * Make arrangements for accounts or investements to be closed/sold.
- * Remit net proceeds of estate to beneficiaries.
- * Administer estates.
In the case of estates being probated in other jurisdictions:
- * Liase with local lawyers if required.
- * Prepare powers of attorney.
- * Prepare affidavits or Certificates of law.
- * Arrange translation of documents
- * Prepare any required oaths or affidavits.
- * Request grant of probate or letters of administration.
- * Administer the estate.