Spanish Probates
If you are a beneficiary or executor of a deceased with assets in Spain (with or without a Spanish or English Will), Jorge Iguacel could assist you with the acceptance of the estate and the grant of probate before an English Notary. All required documentation will be obtained from you, your solicitors and Spanish authorities. The signature of the deed of acceptance of Spanish inheritance will be arranged before a Notary in the UK that you will sign, or Jorge Iguacel will sign on your behalf by means of a power of attorney before a Notary in the UK.
Jorge Iguacel will inform you of all taxes and any other expenses in Spain that you will have to transfer to the Spanish tax management company appointed. It will be made sure that the property is registered on your name at the Spanish Land Registry. If after you decide to sell the property, once you have a buyer, Jorge Iguacel can help you with the formalities of the conveyance, signing the title deed in Spain and receiving the funds in the UK. If the deceased had any Spanish bank accounts, copies of all Spanish probate legal documentation will be provided to each of them in order that their legal departments can approve them and they inform on how to proceed, to put the bank accounts on your name or close the bank accounts and receive the funds in the UK.
Please find below the standard fees for a Spanish probate of one person with one property in Spain, with a Spanish Will and/or English Will (including Spanish property) and obtained probate, with a maximum of 2 Spanish bank accounts, with a maximum of 3 beneficiaries and 1 executor (if different from beneficiaries) and assuming that all beneficiaries and executors cooperate and sign at the same time as the required power of attorney for acting on their behalf before a Notary. In the case that more than one power of attorney is required, Jorge Iguacel will charge an extra £100.00 per additional power of attorney, exclusive of VAT. The fees for one Spanish probate are around £2,500.00, exclusive of VAT. These fees include the Spanish probate of the deceased, the translation of the deceased’s death certificate into Spanish and drafting the power of attorney in Spanish and English, required for acting on your behalf.
These fees do not include, if required: Notary’s fees (for the power of attorney and the deed of acceptance of the Spanish inheritance), Spanish police fees for NIE applications (currently around £9.00 per NIE application), any translation fees (except death certificate), fees for certificates of translation, legalisations at the Foreign Office (currently £30.00 per document, non vatable), agent’s fees for the legalisations (currently £12.50 per document, exclusive of V.A.T.), couriers’ fees, postage fees, tax management fees, tax payments (inheritance taxes and ‘plusvalia’ taxes) and settlement of any debts. Do bear in mind that in the case that the Spanish property was owned by a married couple, if both of them have died, under Spanish Law it is not possible to carry out just the probate of the last owner to die and the probates for both deceased will have to be made. In that case our standard fees would be around £5,000.00, exclusive of VAT, for 2 Spanish probates (with one property in Spain, with Spanish Will and/or English Will (including Spanish property) and obtained probate, a maximum of 2 Spanish bank accounts, with a maximum of 3 beneficiaries and 1 executor (if different from beneficiaries) and assuming that all beneficiaries and executors cooperate and sign at the same time as the required power of attorney for acting on their behalf before a Notary. In the case that more than one power of attorney is required, there is an extra £100.00 charge per additional power of attorney, exclusive of VAT.
The legal fees will increase in the event of the transaction being complicated by unforeseen eventualities including completion being unable to take place as scheduled, which will involve extra work. You should note that if this matter does not proceed to completion, work done and payments made up to the point remain chargeable at £300.00 per hour, exclusive of VAT.