Only have an English Will?
If someone dies and has Spanish assets but only has an English Will the following lengthy and costly process will need to be followed
Worldwide assets will need to be collated with their value.
English inheritance tax liability if relevant must be calculated
A Grant of probate will then need to be obtained in England
An original death certificate will be needed
A Spanish Power of Attorney will need to be obtained by each heir enabling a Spanish solicitor (Abogado) to be able to deal with the estate in Spain
The Power of Attorney will need to be signed and witnessed by a Spanish or English Notary
The death certificate, the Grant of Probate and the UK Will then each need an Apostille of The Hague applied certifying that the documents are genuine so they can be used in Spain
All the documents will then need to be translated into Spanish
Only then can a Spanish Solicitor start the process of establishing taxes in Spain and the ultimate distribution of assets
Our Probate solicitors in the UK and Spain will be able to handle all this for you.
Remember then, if you have UK and Spanish assets, having in place a UK Will AND a Spanish Will that contains an EU succession clause electing that the law of either England and Wales, Scotland , Northern Ireland, The isle of Man, Jersey or Guernsey governs the succession of your Spanish estate, will avoid all of the above being required, expediting and simplifying the whole process.
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