Inheritance tax in Spain

Did you know that there is not a right of survivorship in the ownership of a property in Spain, as ownership is always held as tenants in common? An inheritance process which concludes with the signature of a deed of acceptance of inheritance is compulsory for the property to be registered in the name of the heir.

Did you know that Inheritance Tax (IHT) in Spain is assessed on the heir, who is also generally liable to pay it and not the estate?Therefore, each beneficiary will be liable for their own IHT, which will vary depending on their relationship with the deceased.

As if administering a loved one's estate after they die, ensuring that their wishes are carried out, was not an emotionally challenging task already, this can be complicated further by the amount of paperwork and bureaucracy that often needs to be dealt with, especially when there is a foreign element involved. At Vives Pons & Asociados, one of the leading firms in the field of inheritance and estate administration, we are specialised in Spanish and English cross-border issues, and we are here to assist you in every step of your way.

Whether a British citizen has died leaving assets in Spain, or a Spanish citizen has died leaving assets in England, our team of highly specialised and dually qualified lawyers based both in England and Spain will be able to provide you with assistance in every aspect of international probate and succession.

If you live in the UK, our specialist team based in London will arrange for all of the paperwork to be prepared and signed in the UK without you having to travel to Spain. We will prepare all of the relevant deeds to be signed by you personally at our London office or locally, with one of our network of notaries. We will:

Advise you with the IHT payable by each beneficiary in Spain
Compile a list of assets with their corresponding values
Prepare Affidavits of Law
Obtain sealed office copies of death certificates, Grants and other legal documents
Arrange for the legalisation of death certificates and other documents - obtaining the Apostille of the Hague Convention
Obtain Certificates of last Wills from the Registry in Madrid to confirm whether a person died leaving a Spanish Will
Correspond with the Probate Court to ascertain if a Grant of Probate or Letters of Administration have been previously obtained in the UK
Prepare the deed of acceptance of inheritance
Provide you with relevant powers of attorney where necessary
Deal with the registration of the property and distribution of the assets between the heirs

Through our associate network of lawyers, we can also assist you in obtaining a Grant of Probate or Letters of Administration anywhere in the UK, should this be necessary. We can also assist you with registering a Spanish inheritance with the relevant English Court.