Inheritance

Hi there,

My mum has recently died and she has left me and my sister her property in Spain, near Pilar. Can anyway recommend a solicitor and how much do they normally charge.

Thanks in advance for your help.

Luv Louise DD XXX

 Hi Louise, and first of all welcome to the forum! Sorry for your sad loss, as for legal advice  you could do no worse than to contact Maria at Costaluz Lawyers( the link is on the left!). Although I haven't personally used her services, from what I have read on these boards I'm sure she will be able to help.

Hope this helps!

Tony.

Legal fees should be approx EUR2k to EUR2.5k and that should include drafting power of attorney, notarial certificates, NIE applications, deed of acceptance, payment of inheritance tax in Madrid and property registration etc

It does not make that much difference if done under UK will or Spanish will.

In addition to legal fees you will have to pay the following:-

UK notary fees (if POA executed in UK)

Legalisation fees of death cert and/or last will

Inheritance tax

Official translation fees if UK death certificate and/or last will & testament EUR200 to EUR400

Notary fees - EUR600 to EUR800 but it does depend on number of factors such as value of property and number of beneficiaries so could be higher

Property registry fee - EUR300 to EUR500

Plusvalia tax - varies from a few hundred to a few thousand

As regards legal fees check what is included and what's not included and get a few quotes from reputable law firms.

Hi Louise DD!!!

Faro is right with the fees, I had to do one last year, used a firm called SG International Legal&Tax Services, they were slightly under, but add on the IVA and you are within that figure.

I signed over a Power of Attorney in the UK, so didn't even have to come to Spain, people thought I was mad, but everything went smoothly, as far as I know. Had no real problems with this firm, responded pretty quickly to my calls and e-mails. Once everything went through, it took a while to get all the paperwork back, but everything was OK in the end.

It is best to get a few quotes, fees can differ greatly. It is not a cheap process though once you pay the legal fees, Notary in the UK, Notary in Spain, inheritance tax, etc, the list goes on.

Good luck, it can be a daunting task, especially when you have just lost a loved one.

Best wishes,

Matt

Spanish probate is not complicated but it is quite procedural.

A good probate lawyer will take care of everything for you in both Spain and in the UK and should be able to offer advice on both Spanish and UK tax. You have some options as to the value declared for the inheritance and that final decision might depend on what it is you and your sister intend doing with the apartment (ie keep or sell?). So you might need to consider both inheritance tax issues and capital gains tax issues.

It is vital that the lawyer you engage can communicate well with you and also explain in very clear terms the procedure and choices.

It is best to execute a power of attorney in favour of your appointed lawyer unless you all want to come to apply for NIE numbers and attend the notary to execute the deed of acceptance

Also if the probate is being done under a non Spanish will then any named executors/trustees will also need to be included in the power of attorney and they will also need to apply for NIE numbers.

But when it comes to Spanish lawyers make sure you receive a letter of engagement setting out in clear terms the scope of the assignment and details of fees. Otherwise they could apply scale fees which are normally much higer and could also charge separately for a number of tasks such as NIE application, tax work etc etc.

Thanks everyone for your replies, it sounds like I need to get a few quotes and talk to a firm that speak good English. I presumed that they all would, but I suppose that's me being ignorant and expecting everyone to speak English.

Thanks again,

Louise DD XXX

Louise

There a big difference in being able to speak English compared to understanding and communicating well etc.

Also you need to ensure your lawyer will give you direct contact details such as direct email access, mobile, office etc. Again many do not and will insist you use info@ and only give general office number etc.

Many Spanish lawyers have terrible communication skills which is bloody annoying when you are in UK trying to find out what is happening and phone calls and emails are not being returned etc

Louise,

you and your sister only have 6 months after your mothers death to probate and pay all the due Taxes here in Spain and if you do not then interest and fines will be charged by the tax office in Spain. It 'may' also be possible to probate and register the property out of your Mothers name and into yours within this time frame, which should help you enormously.

This is can be a complex and specialised procedure and I would certainly recommend that you spoke with somebody who is experienced in Spanish Inheritance Tax Law. ** EDITED - Advertising **>

I personally do not recommend these guys as I do not agree with a lot of what they say from both a UK and Spanish perspective.

They say it takes 30 days to obtain a certificate from the central registry of wills in Madrid. I get that on the same day basis by popping into bank paying official fee (EUR3.50) then popping into registrtaion office and presenting death cert and getting it there and then. An experienced Spanish probate solicitor will know what to do and do it all fairly quickly and deal with UK solicitors and notaries for you also.

As I said before Spanish probate is not complex and it is only procedural and can normally all be done with 6 to 8 weeks even if done under a UK will.

UK documents can be legalised even by post very quickly. Legalisation refers to having an apostille certicate affixed to foreign documents for these documents to be accepted in Spain.

http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/legal-services/legalisation/

Once you instruct a Spanish lawyer (based in Spain) he/she will automatically apply for an extension (prórroga) which must be applied for within 5 months of death.

All I would say is do not apply for NIE through Spanish Consulate General in UK as that can slow you down. NIE can be obtains in Spain within 3-5 days.

Thank you to whoever edited Tumbit's reply.