How to keep a UK probate on track where there are Spanish assets

Dealing with a loved one’s estate can be difficult at the best of times. Where the person lived in the UK but owned property in Spain, there are additional legal and practical steps to consider.

A UK Grant of Probate does not automatically give authority to deal with Spanish property. In most cases, the estate will need to be dealt with under both the UK and Spanish legal systems before the property can be transferred or sold.

Here are the key points families should keep in mind.

At The Burnside Partnership, we regularly help families navigate estates with assets in more than one country. We can guide you through the probate position. We have both English and Spanish qualified lawyers to ensure the process is handled as smoothly and efficiently as possible.

Carry out a Spanish property search

Conducting a property search in Spain before accepting an inheritance is essential to uncover hidden debts, confirm legal ownership, and prevent unexpected tax liabilities. It empowers heirs to make a fully informed decision whether to accept or renounce the estate.

Check whether there is a Spanish Will

The next step is to establish whether the deceased made a separate Spanish Will. Many UK owners of Spanish homes have one Will for their UK assets and another dealing specifically with their Spanish property, and this is highly recommended. If you own property in Spain, do contact us and we can prepare your Spanish Will.

This can usually be checked through the Central Wills Registry in Madrid.

We can help review the UK Will, identify whether further Spanish documentation is likely to be needed, and work with trusted Spanish professionals to establish the correct route forward.

• If there is a Spanish Will: the process is often more straightforward, as the Spanish property can usually be dealt with under that document.
• If there is only a UK Will: the UK Will may need to be used in Spain, supported by a sworn Spanish translation and advice on English succession law.

Get the paperwork legalised and translated

Spanish notaries and land registries will not usually accept UK documents in their original form. They will normally need to be legalised with a Hague Apostille and then translated by a sworn translator into Spanish.

This commonly applies to documents such as:

• The UK Death Certificate
• The UK Will (if it governs the Spanish asset)
• The UK Grant of Probate (once issued by the probate registry)

It is sensible to start this early, as delays with documents can quickly slow down the wider estate administration.

Our team can assist with preparing the UK probate documents, arranging certified copies where required, and coordinating the legalisation and translation process so that the Spanish element does not become an afterthought.

Understand how Spanish probate works

Spanish probate does not work in the same way as the UK process. In Spain, property often passes directly to the beneficiaries, rather than being held and distributed by an executor in the same way as in England and Wales.

The usual steps include:

• Power of Attorney: this allows a Spanish lawyer to deal with matters locally, so beneficiaries do not usually need to travel to Spain repeatedly.
• NIE numbers: beneficiaries will usually need a Spanish tax identification number before the process can be completed.
• Inheritance Deed: the beneficiaries, or their attorney, sign the Spanish deed accepting the inheritance.
• Land Registry: once the documents are signed and the relevant taxes have been dealt with, the title can be updated.

The Burnside Partnership can help families understand how the UK and Spanish processes fit together, keeping beneficiaries informed and helping to coordinate the practical steps with advisers in Spain.

Watch the six-month tax deadline

Spanish Inheritance Tax is one of the areas most likely to cause difficulty. The deadline is usually six months from the date of death, which may arrive before the UK probate process has been completed.

The Spanish tax deadline

Spanish Inheritance Tax must normally be calculated, filed and paid within six months of death.

If more time is needed, an extension may be available, but this must usually be requested within the first five months. Missing the deadline can lead to penalties and interest, so early advice is important.

We can also help flag the relevant UK tax reporting requirements and work alongside Spanish advisers so that inheritance tax deadlines are identified early and managed carefully.

Will tax be paid twice?

The Spanish property may also need to be reported for UK Inheritance Tax. In many cases, tax paid in Spain can be credited against UK tax due on the same asset, helping to avoid double taxation.

Don’t leave it too late

UK-Spain probate needs careful coordination. A delay in one country can quickly create problems in the other, particularly where tax deadlines are involved.

If you are dealing with an estate that includes Spanish property, The Burnside Partnership can help you take the right steps early, coordinate the UK and Spanish aspects, and keep the process on track while avoiding unnecessary complications.

Conclusion

Spanish property can add an extra layer of complexity to a UK estate, but with early advice and proper coordination it does not need to derail the probate process. The key is to identify the right documents, understand the Spanish requirements, and keep tax deadlines firmly in view.

At The Burnside Partnership, our English and Spanish qualified lawyers can help families manage both sides of the process, giving beneficiaries clarity, reducing delays and helping the estate move forward as smoothly as possible. For more information, contact Yolanda Perez Berges at yolanda.perez@theburnsidepartnership.com.

This article is intended as general information only and does not constitute legal advice. Individual circumstances should always be considered.