Are you dealing with a Spanish Probate?  Giambrone & Partners can help.

Spain has been the prime destination for decades for British nationals relocating abroad.  This situation has resulted in a considerable number of their relatives facing having to deal with probate in Spain with their loved ones pass away.

Overseas probate can be an expensive and long drawn out procedure, made more challenging if the beneficiaries were unaware that they were to be the recipient of the deceased's assets.   In Spain there is a choice to accept or reject the inheritance and depending on whether there is a will, if the inheritance is rejected it will pass to the next legitimate heir.  One of the factors that can influence this decision is that a beneficiary assumes immediate financial responsibility for the property once they have accepted their inheritance.

Once you have decided to accept your inheritance you will have to obtain a Grant of Probate for which you will require the following documentation:

  • The deceased's death certificate
  • You will have to prove the link between the deceased and yourself and any other heirs.  Such as your birth certificate if the deceased was your parent.
  • A copy of the deceased's will, if any. This must be translated into Spanish

All documents not drafted in Spanish must be translated into Spanish and certified by a Notary with an Apostille, which affirms the provenance and legality of the documentation.

Giambrone & Partners expert inheritance, wills and probate lawyers can assist beneficiaries of Spanish assets with all the legal procedures, including contested inheritance.   Our lawyers have many years' experience in dealing with all aspects of inheritance in Spain from the straightforward to the highly complex contested matters.  We can also assist with the disposal of any fixed assets such as real estate, managing all aspects of the sale and purchase.

Contested probate arises in Spain despite the Spanish laws of Succession which rely on forced heirship, in other words, the allocation of designated proportions of the deceased's estate in accordance to their relationship to the deceased.  This means that certain relatives receive a set portion of the estate and that any children of the deceased, regardless of their legitimacy, receive set portions of equal value.  If there are no children the inheritance the inheritance extends to the wider family. 

Spain is a country that has autonomous regions and therefore the laws vary across the country and there are no hard and fast rules.  Should you face a challenge to your inheritance the lawyers in Giambrone & Partners wills and probate teams strongly advise seeking expert legal advice related, not only, to your particular circumstances but to the region your deceased relative either lived in or where their fixed assets are held as well as nationalities of all involved. 

Well planned estate and wealth management can make a considerable difference to the legality of claims and how matters are dealt with.   

For more information on managing a Spanish probate please contact Helena Balster HB@giambronelaw.com or please click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.