Emma and Marta and their team have years of experience in advising and assisting clients in making wills and helping to execute them in a timely and cost-effective manner - a great comfort at a distressing time.
Making a Spanish Will is simple and inexpensive.
Take advantage of your right to make your will under the laws of your country of origin to avoid the "forced heirship" rules of the Spanish Civil Code. Many expats can enjoy "testamentary freedom" which is denied to Spanish nationals, and so ensure that their wishes are respected.
Ignacio has helped countless clients to execute the will of their loved one, liaising with the tax office, banks and the Notary, and making all necessary changes to the property register.
Let us take care of the ordering of all certificates - guaranteed to be received within 72 hours from ordering.
It can be difficult to know how to accept your inheritance without professional help, especially if you are not in Spain yourself.
Translating documents, apostille, proving your identity and relationship to the deceased, accessing bank accounts and attending the Notary's office...
It can all be straightforward, simple and stress-free with the right lawyer at your side.
If you don't have a NIE, we can apply without your needing to attend the police station.
You will need this to open bank accounts and accept the inheritance.
In Spain the time limit is six months for "probate" to be granted. Avoid fines by contacting a lawyer who can arrange things in time, and at worst apply for an extension to the time limit.
In Spain there is a particular order of beneficiaries set out in law which apply if there is no Will.
In these circumstances it may be possible to get the court to recognise a handwritten will or even a will made in another country.
Whatever the circumstances, we can help you to explore your options and cut through the bureaucracy on your behalf.
Guide to inheritance in Spain (pdf)
DescargarIt is important to get the wheels in motion as soon as you can if you are the next of kin of a person who has passed away while living in Spain.
The system is quite different from what you may be used to, and navigating it can be very stressfu.
We are experts in:
Inheritance Tax:
The IHT is paid by each beneficiary. This is in contrast to England and Wales for example, where the executors pay whatever tax is due on the whole estate, and then distribute it among the beneficiaries.
Inheritance tax has to be paid within six months of the death. There may be a surcharge or fine for not managing to meet this deadline. However, we can apply for an extension to the six months limit while the client gets hold of all the documentation, giving you more time and avoiding any fines.
Signing the Deed of Inheritance:
This is done before a Notary, either by the beneficiaries themselves or by an appointed Attorney on their behalf. The Notary makes a charge for the Adjudication and Acceptance of the Deed of Inheritance.
We then need to ensure that all funds, accounts and property is transferred correctly into the names of the beneficiaries and are registered appropriately - bank accounts, car ownership, the deeds of the property and so on. This must be completed before any property can be sold.
A British Will (or Will from another country) can be used in Spain. However, if you are relying on the foreign Will because there is no Spanish Will, the inheritance process will face delays.
This is because the Deed of Inheritance cannot be produced until the original Will and original Grant of Probate have been released and sent with Apostille and official translation to Spain.
If there is no Will in another country, a statement of Law from the deceased's country of origin may be required.
Since Probate can take months, the beneficiaries may find themselves in limbo, unable to transfer property deeds, vehicles and bank accounts to the beneficiaries.
The best course of action is to have two complementary Wills, one for the UK or Ireland or other country, and a Spanish Will for your Spanish assets.
Granting a power of attorney to your lawyer or trusted friend or relative is a big step.
You need to know exactly what you are doing, which powers it includes and how long for, and also how to revoke the power once it is no longer required.
We will explain all the options available to you and ensure that you are granting the appropriate power to the person you have chosen to carry out your wishes - and only your wishes.
We will liaise with Notaries in the UK, USA or Ireland on your behalf.
Copyright © 2024 MálagaLegal - Todos los derechos reservados.
On your side and at your side when you need us.