Spanish Legal Services

If you own assets in the UK and Spain we can help you put Wills in place. Generally, we can either draft a single Will to cover your worldwide estate, or separate Wills for each jurisdiction, as both options are possible. In our experience separate Wills tend to work better in Spain, but what is most appropriate will ultimately depend on your particular circumstances.

Conflicts of law often arise when dealing with different legal jurisdictions, and they are not always immediately obvious. For this reason, to ensure the accuracy of our advice, we will carefully analyse your personal circumstances and provide you with a comprehensive, bespoke written report covering the following relevant issues:

• Analysis of your domicile, including English common law and civil law definitions for succession and taxation purposes
• Considering whether you have entered into a matrimonial property regimes (marriage contract) that will affect how your assets pass on death 
• Conflict of laws / private international law principles
• Children from previous relationships – the effect on succession (who gets what) and taxation
• European Regulation 650/2012 (Brussels IV) – where appropriate
• UK inheritance tax principles
• Analysis of your worldwide assets, liabilities and lifetime gifts
• Detailed report into your liability to UK Inheritance Tax
• An explanation of UK inheritance tax allowances & exemptions (estate planning opportunities)
• Generic overview of Spanish succession and forced heirship rules (la legítima), and of Spanish inheritance tax regime (impuesto de sucesiones)
• Unilateral relief on double taxation
• The validity of Wills – a review of how your Wills will be valid and appropriate for use in the UK and Spain. 
   

We can assist in the administration of an estate with assets in Spain by providing a main point of contact with lawyers in Spain and any other relevant jurisdictions. This ensures continuity, co-ordination across jurisdictions, cost-effectiveness and speed of administration.

Our cross-border administration work includes:

• Project managing the UK and Spanish succession so that our clients only need a single point of contact for all jurisdictions.
• A thorough review of the Will or Wills, and ascertaining which laws apply to which assets.
• In the absence of a Will, ascertain which intestacy laws apply to which assets. 
• Working with a Spanish qualified lawyer to analyse what work needs to be completed in each jurisdiction.
• Calculating any UK inheritance tax and submitting UK inheritance tax returns where appropriate.
• Applying for a UK grant of probate if required.
• Instructing and liaising with a Spanish lawyer (‘abogado/a’) to calculate Spanish inheritance tax liability and settle the Spanish inheritance tax liabilities, if any. 
• Assist with the signing of a Spanish power of attorney, to authorise the Spanish lawyer’s office (or another person that our client chooses) to sign paperwork in Spain if our client cannot visit Spain to sign the required paperwork. 
• Co-ordinating and assisting with the signing of Spanish succession documentation, to include obtaining NIEs (tax reference numbers) for the beneficiaries, which is a requirement to receive a Spanish inheritance. 
• Reviewing the UK and Spanish inheritances taxes due, to mitigate the consequences of double taxation, by applying, if necessary for unilateral relief.
• Providing HMRC with a robust analysis of the deceased’s domicile for inheritance tax purposes if required.
• Ensuring UK and Spanish assets are distributed to the correct beneficiaries under the applicable UK and/or Spanish laws.
• Advising upon and preparing deeds of variation, for the purposes of post death tax planning from a UK and international perspective.
• We can also provide logistical and administrative assistance, such as: arranging funerals, arranging the repatriation of the deceased to the UK, and selling the deceased’s properties.

Our specialist International and Cross-Border team can assist with the purchase and sale of Spanish property situated anywhere in Spain. 

We work closely with Spanish lawyers (abogados) to project manage the transaction on your behalf.

We will explain the Spanish conveyancing procedure and timescales, what to expect generally, and project manage the process from start to finish, helping to take away the burden away from you.

This includes liaising with Spanish lawyers to review any documents that you are asked to sign at an early stage, including paperwork provided by estate agents. Such legally binding documents can contain unfamiliar and onerous terms, so it is important to obtain advice before agreeing to them.