NUMBER ONE
Name: Anna
Comment: Hola Maria, Can you please tell me what is the difference between NOTA SIMPLE INFORMATIVA and ESCRITURA.
Nota simple informativa is summarized information note from the Land Registry, after due registration of ownership rights.
An escritura is the public deed (public contract) made at the Notary.
In most of the cases, an escritura is needed for a legal fact or business to be registered at the Land Registry
NUMBER TWO
Name: Anna
Comment: Hola Maria, Can you please tell me how do I get the Fiscal number, can I get it from the Spanish Embassy?
Yes, you can apply at any of the Spanish consulates in Britain
The consulate will not be able to provide you with an application form, so it is better that you download from the Internet. Here is the link for the download:
http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/Solicitud%20NIE.pdf
NUMBER THREE
Name: Maureen
Comment: have property in Spain, no mortgage, have the deeds, how do I go about transferring deeds to a relative, can this be done in UK or does it have to be in Spain
You can grant a gift deed before the Spanish Embassy in the UK. Once you have the deeds, your lawyer can pay the gift tax and have the property registered accordingly at the Spanish Land Registry.
NUMBER FOUR
Name: Pauline
Comment: If bank accounts in Spain are in joint names, do I have to pay tax on our money if my husband dies. I am sole beneficiary to any of my late husbands’ estate in Spain
Yes, you need to pay tax on half of the balance of that account at the date of your husband´s death. It is important that you have a Spanish will, including your choice on applicable Law for the process as quick and easy as possible.
NUMBER FIVE
Name: Sheila
Comment: My husband and I jointly own a house in Torreblanca. We have made a Spanish will but we are confused about Spanish inheritance laws. We had heard that on the death of one partner the property automatically reverts to the children. We are not resident in Spain. We own a house in England as well as the Spanish house. We have made an English will with regard to this property.
I take you are UK residents.
In your case, UK law apply and therefore any will made in regards to the house will never be limited by Law of forced heirs in Spain.
NUMBER SIX
Name: Stella
Comment: Regarding the new law concerning inheritance tax for non residents on property in Spain. Who do you contact and are there any forms available
You need to present a legal writing before the Spanish Treasure. There is no specific form for this.
Treasure department needs to answer your request within six months.
Claim needs to be done within 4 years but there is an exceptional way to claim against the Administration if these four years have expired. Through a Patrimonial liability claim.
NUMBER SEVEN
Name: Brenda
Comment: My partner has died without leaving a will. The house in Spain is in both our names. Will I be forced to sell by his next of kin? They did tell me that they are not interested in the house but I don't believe them what should be my next step. He was a UK resident. Did not own estate assets in the UK just a business with a partner.
In that case, Uk Sucession Law forwards the matter to Spain Law in regards to the real estate rights he had here in Spain and therefore heirs can claim their portion on the house. They can start a judicial procedure for the sale of the house if there is no agreement among co-owners but you will have preferential buying rights over that half.
NUMBER EIGHT
Name: Marcia
Comment: My mother has a property in Tenerife this was jointly owned by her and my step father he passed away in July 2013 he made a Spanish will leaving the property to my mother how does she change the property into her name only?
Someone mentioned an 'Apostille' we are not sure what that means.
A probate work is necessary to be done before the Tenerife Land Registry. She will need to pay IHT with some penalties.
The Tenerife Land Registrar will want to have enough evidence that the Spanish will does not contravene National Inheritance Law which is applicable to the whole succession.
In regards to the Apostille, this will just be necessary for your lawyer to act on your behalf if you grant this in the UK.
The apostille is a stamp that gives international validity to your UK document.
NUMBER NINE
Name: Rosa
Comment: My friend's mother a resident of Spain died while visiting her daughter in Canada. The mother has an apartment and a couple of bank accounts in Spain.
There is an old will that was drafted by her father and mother many years ago
The father also died many years ago but the mother never changed the will. Can my friend use the old will for inheritance purposes?
Is there a time constraint within which she must go to Spain and get things in order?
Will she need a lawyer to get the apartment transferred to her name?
Will she be able to get access to the bank accounts?
Does she need to get anything from the Spanish Consulate in Canada that will help her, such as an identification number of some kind?
I am taking they have UK nationality and the wills you refer are Spanish wills.
There is in Spain a National Registry of Last Wills which will give to you official prove of enforceable wills and their dates.
Inheritance Tax needs to be paid within 6 months for death in order to avoid penalties
I would use a lawyer as registration is not sometimes a straight forward matter, especially when transferors are foreigners and Spain has a Forced Heirs succession Law. Also for the paying of the tax for all the reductions to be applied.
Access to Bank accounts is not allowed till Tax is paid
In regards to the Spain embassy in Canada: she can obtain the tax identification number there and also grant POA to a Spanish lawyer
NUMBER TEN
Name: George
Comment: I legally signed my property back to the bank in Spain where there was enough equity to do so.6 years ago
I am now in a position to buy a property outright
How do I find out if I owe anything before proceeding?
Main things are tax, water, electric
Also I need to get my nie up to date, how do I do this?
No debt can remain registered at an official debt registry after 6 years.