In a world where ideas and innovative creations are more valuable than ever, protecting your rights is essential. Our team of experts is here to ensure that your intellectual assets are secure and your creativity is protected.
Del Canto Chambers specialises in providing comprehensive probate support to UK nationals with interests or properties in Spain. Our expertise in the civil legislation, conflict of laws, probate procedures, and taxation of both countries ensures a seamless, professional, and efficient process during this challenging time.
Our Probate and Inheritance Tax services for UK nationals
Del Canto Chambers’ dual-qualified, multilingual tax lawyers have handled over 500 complex cases from Europe, the Middle East, Latin America, and Asia. Discerning London-based and international clients, corporations, solicitors, and tax advisors count on our expertise.
You can more about what clients have to say, about working with Del Canto Chambers here below.
In Spain, “Probate” is not a formal legal process as it is in the UK. Instead, the deceased’s assets are transferred directly to the heirs through an inheritance acceptance procedure, carried out before a notary. This process involves presenting the will or, in its absence, a declaration of rightful heirs. It is essential to work with a lawyer to ensure compliance with Spanish law.
The Inheritance and Gift Tax (Impuesto de Sucesiones y Donaciones, ISD) rates depend on:
Not necessarily. Spain and the UK have a double taxation treaty regarding inheritance taxes. This means that any tax paid in Spain can usually be credited against UK inheritance tax, and vice versa. However, heirs must declare the inheritance in both countries if they have tax obligations in each.
If there is no Spanish will, the inheritance process becomes more complex and depends on international succession rules. In most cases, the European Succession Regulation (Regulation 650/2012) allows the deceased to choose, via a will, whether the inheritance should follow the laws of their nationality or habitual residence. Without a will, the law of habitual residence will apply, which could lead to unexpected outcomes for UK nationals.
Essential documents include:
Del Canto Chambers has a specialised team ready and eager to support you to apply for Spanish nationality. If you are interested in applying and would like to know if you are eligible, we would be delighted to help you.
Del Canto Chambers specialists are constantly up to date with new legislative changes and aware of any Spanish tax and legal implications. Contact our Spanish legal and tax specialists to find out the best tax planning and corporate structures in your circumstances.
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At Del Canto Chambers we are always sharing our knowledge and act as an active voice across different media. The following articles and news are related to and relevant for Real Estate Sale & Purchase and Spanish Tax Law.
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