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Spanish Probate Services for UK Domicile Individuals
UK nationals inheriting property in Spain may face dual probate and inheritance tax obligations in both countries
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.
Navigate Probate Matters in Spain with Expert Guidance.
Our Experts in Spanish Law for UK private clients
Our Probate and Inheritance Tax services for UK nationals
1. Estate Administration and Representation
- Expert management of all legal and administrative processes to finalise estates in Spain.
- Representation before Spanish notaries, registries, and public institutions to streamline inheritance procedures.
2. Bilingual Legal Assistance
- Full communication and documentation are provided in both English and Spanish for your peace of mind.
- Advice from a team well-versed in the distinct regulatory frameworks of Spanish and UK jurisdictions.
3. Tax and Inheritance Law Expertise
- Tailored guidance on Spanish inheritance tax implications, minimising liabilities for heirs.
- Coordination of Spanish tax obligations with UK estate taxation to ensure compliance and efficiency.
4. Asset Transfers and Registration
- Efficient transfer and registration of property titles with Spanish Land Registries.
- Preparation and execution of inheritance deeds according to Spanish legal requirements.
5. Litigation and Dispute Resolution
- Professional support for resolving inheritance disputes, using expert negotiation and litigation skills.
- Representation in contentious probate matters to protect your interests.
Services for UK domicile individuals. Are you eligible?
Answer the following ten questions and our legal experts will be able to guide you from here:
Our clients have the word
So a very big thank you to all the team and wish them well for the future.
What makes Del Canto Chambers the right choice for you?
We have a proven 100% success rate with the Probate and Inheritance Tax in Spain for UK national applications. Our team can provide personalised support worldwide through online consultations or in-person at our offices in London and Spain, including Palma, Ibiza, Madrid, Barcelona, Marbella, Algeciras, and Coruña. We manage your legal, Social Security, tax, and accounting matters, allowing you to focus on growing your business.
Discover what our clients say about working with Del Canto Chambers below.
FAQs about Spanish Probate Service for UK Domicile Individuals
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:
- Autonomous region: Each region has its own rules and exemptions.
Relationship with the deceased: - Close relatives (spouse, children) usually benefit from lower rates or exemptions.
- Value of the inheritance: Rates typically range from 7.65% to 34%.
It is worth noting that non-residents (such as UK nationals) may be subject to different conditions.
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:
- Death certificate.
- A copy of the Spanish or foreign will, accompanied by a sworn translation and apostille.
- Certificate of Last Wills issued in Spain.
- Identification documents of the heirs.
- Title deeds or documentation of assets in Spain.
- Bank certificate showing account balances at the date of death (if applicable).
- A lawyer or tax advisor can assist in completing the inheritance acceptance process and paying the relevant taxes.
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Start the Process with Confidence
Contact us today to schedule a consultation. Let us help you navigate the Spanish probate process with transparency, efficiency, and professionalism. We are committed to making this transition as smooth as possible for you and your loved ones.
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