Died domiciled in Spain with assets in Spain and UK etc

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Died domiciled in Spain with assets in Spain and UK etc

Post by gardenlaw » Wed Oct 20, 2010 9:06 am

A useful guide to dealing with assets in Spain of someone who died domiciled in Spain:

"In order to proceed with the registration of the assets inherited in Spain, the beneficiary or the surviving spouse needs to provide the Spanish Authorities with the Compulsory document "Deed of Acceptance of the Inheritance"; unfortunately it is not like in England that the properties pass automatically to the surviving spouse.

1. The original and a certified copy of the Deeds of Acceptance of the Inheritance.
2. In the absence of this, the Inventory of Assets and Heirs, in duplicate, showing the identifying details of the person making the bequest and the heirs, an address for correspondence, a detailed list of the assets and rights included in the inheritance with the value of each at the date of death, together with any charges, debts or costs, the deduction of which is being sought.
3. A copy of the Death Certificate.
4. A copy of the Certificate from the General Registry of Wills and Testaments confirming whether or not the deceased made Spansh Will.
5. A copy of the Will or the Declaration of Heirs.
Other documentation to provide, if relevant:
1. A copy of the IBI (Property Tax) bill and of the deeds of acquisition of the property, or in the absence of this the Property Register Certificate.
2. A copy of the insurance contract or a certificate from the insurance agency.
3. A bank certificate showing the balances in all accounts and deposits and/or securities deposited at the date of death.
4. Documentary evidence of the costs, debts, taxes and charges that might be deductible, together with the age of the heirs.
5. A copy of the passport, identity card or certificate of Foreign National's Identity Number (NIE) of the heirs.
6. Copy of the documentation of the vehicles that are the object of the inheritance (technical specifications, driving licence).

If the documents were issued by civil servants or authorities in other countries, they must be accompanied by the Hague apostille and a sworn translation of the documents.

Please note that in order to sign the Deeds of Acceptance of the Inheritance or the Inventory of Assets the Heir the beneficiarias and executors NEED TO GO SPAIN AND SIGN THE AFORESAID DOCUMENTS BEFORE THE SPANISH NOTARY PUBLIC WHO REPRESENTS THE SPANISH AUTHORITY. Alternatively, they can grant a power of attorney to their Spanish solicitor in England or Spain in order for him/her to act on their behalf.

Finally I consider that you will need a certificate of Spanish law confirming that provisions for the compulsory portions, which are applicable to Spanish citizens, are not applicable to foreigners, even if they are residents in Spain or all their estate is in Spain or they have died in Spain. The right of a person to deal with his assets after his death is regulated by his national law."

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