Wills & Probate

Probate, Inheritance and Wills

 

Probate

CPM LAWYERS has a prompt and efficient probate service to foreign nationals with assets in Spain.

Our law firm renders a comprehensive counselling for granting of probate procedures, whether the deceased made a will in Spain or whether the deceased only made a will in his/her country of origin or even if a will was never made.

We provide a complete Spanish Probate service with the aim of sparing unnecessary discomfort after the loss of a loved one.

We believe that dealing with probate matters should be as less onerous as possible; we will do our best to settle the deceased affaires.

Our lawyers will deal with the processing and signature (through a power of attorney) of all necessary documentation, collecting in the estate, submitting Inheritance Tax return, settle the debts of the estate, paying out to the beneficiaries and/or arranging the sale of assets.

 

Inheritance & Wills

CPM LAWYERS strongly recommend that UK clients make a will to cover their assets in Spain.

We provide legal counselling for drafting the most suitable last will and testament fitting your personal situation. For example, for most foreigners (residents or non-residents) with a house or other real estate in Spain it´s favourable to have Spanish will which states their choice for their personal (national) law to apply in case of death.

Under Spanish law, in the event that there is no will in Spain, the deceased assets may be automatically disposed of under the compulsory heirs system in Spanish law.

The Spanish succession process can be summarised into nine main steps:

1.- Gathering Documentation:

– Originals of the death certificate and the will;

– Deeds for any property;

– A receipt for the most recent property rates payment;

– Bank accounts information;

– Valuations;

– NIE of the deceased

– Date of death statements: If there isn’t a will you must provide proof of relationship (i.e. birth or marriage certificate).

2.- Power of Attorney

3.- Obtaining a NIE

4.- Searching the Central Wills Registry

5.- Legal Certification and Official Translations

6.- Execution of Inheritance Deed: Spanish inheritance tax must be paid within six months of the date of death to avoid interest and penalties.

7.- Tax Payment

8.- Dealing with the Bank

9.- Registry Applications

The succession process involves a various number or costs such as Notary fees in the UK and in Spain, translations, Certificates, Property registration fees, Spanish inheritance tax etc.

CPM LAWYERS will draft the will, which includes an English translation of the document. Then, the document will have to be witnessed by a notary in either UK or Spain.

 

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