What steps must be taken by UK executors to administer a Spanish estate?
Where a deceased, a UK national, has assets in Spain, it’s important for the executors of the deceased’s estate to understand the steps they will need to take in order that ownership of the deceased’s Spanish assets can be legally transferred to the estate.
Here is a summary of the top 10 steps:
1. Obtain a Spanish Power of Attorney appointing a register Spanish qualified lawyer and tax advisor.
2. Obtain the hard copy of the death certificate. If it is a UK one, it will be necessary for an Apostille to legalise it and arrange for a sworn translation into Spanish. Only a translation made by a sworn translator will be recognised by the Spanish authorities.
3. Conduct a search for a Spanish Will at the Will Registry in Madrid and obtain a duplicate of the Spanish Will (if it exists).
4. Obtain the UK Probate and and copy of the English Will (if it exists). The documents must be legalised by an Apostille and translated into Spanish by a sworn translator.
5. Conduct a property search to obtain details (including value) of the Spanish assets.
6. Obtain the Spanish NIE number. An NIE number is a Spanish personal tax number for foreign citizens, and this be applied for via a Spanish Power of Attorney.
7. Sign the Spanish Inheritance Deed before a Spanish Notary. This document will contain a list of the Spanish assets and, importantly, will also list the beneficiaries as stated in the applicable Will or (if there is no Will) via intestacy rules, and which beneficiary is entitled to which asset.
8. Complete Spanish tax forms and submit them to the relevant Spanish Tax Office.
9. Register the Spanish Inheritance Deed at the Spanish land registry.
10. Complete the process to transfer ownership over moveable assets to the beneficiaries, in accordance with the terms of the Will or (if there is no Will) via intestacy rules.
It is advised to obtain professional advice from a Spanish-qualified lawyer, to ensure the process is fast, seamless and problem-free. Our Spanish Desk can assist you and please contact Yolanda Perez Berges at yolanda.perez@theburnsidepartnership.com.