Legal tip 978. Simple description of a probate in Spain
Wednesday, June 19, 2013 @ 10:46 AM
From the forum. Pinot is asking:
My property in Spain is in the name of myself and my two sons. Should I die would they not be the owners of the property as it is in both their names???
Some guidance on this would be much appreciated. We also have Spanish wills drawn up to leave the property to the survivors.
Pinot
Our reply there:
Pinot:
Once you die, your sons will have to start the title transference to their names.
If you have Spanish wills which do not contravene the UK one ( if there were one), the Notary will authorise a new deed where property shares are transmitted to your sons according to that Spanish Will. Just is you are spanish resident, having estate asset just in Spain, UK law will have no intereference in the process.
Once this new deed is obtained, taxes are paid and their new property shares are registered in the Land Registry.
Yous sons will be paying Inheritance taxes in proportion to the value of the shares they are acquiring
Hope it helps!
Zahara de la Sierra, Cádiz, Southwest of Spain