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Intestate estates
If there is no Will in place that applies to the assets of the estate in Spain, that part of the estate is said to be intestate. We can advise you as to who is entitled to inherit the assets and can take all necessary steps to register the assets in your name.
Testate estates
If you have been mentioned in a Will and Spanish assets form part of the estate, that part of the estate is said to be testate. We will ensure that you receive your inheritance with the least difficulty and delay possible. If you are already making a claim against an estate, or consider that you may have a right to make such a claim, we will provide you with comprehensive advice relating both to the English and Spanish aspects of the matter, ensuring that there is no duplication of work or cost.
Marketing and sale of inherited assets
Once the asset is registered in your name, we can arrange for the marketing and sale of the assets on your behalf and handle the legal aspects of the transaction.
Tax
Tax considerations are key in this area. We can advise you as to how to minimise your tax liability within the rules.
Charities
We advise registered charities in relation to gifts left to them in a Will, where the assets are situated in Spain. These gifts are called legacies. We are acutely aware of the issues concerning charities, particularly the need to keep costs to a minimum, and the need to quantify and minimise continuing liability for tax and estate debts. As part of our service we can apply for a Spanish fiscal number (CIF) for the charity and can act as its fiscal representative in Spain.
Personal representatives
If you are a personal representative of an estate of someone who has died, you will want to be certain that you are complying with your legal duties while protecting your own interest. We can help you to find the most straightforward route to discharging your responsibility with regards to the Spanish element of an estate, in conjunction with your ongoing responsibilities in other countries.
Making a Spanish Will
If you have any assets in Spain, it is advisable for you to make a Spanish Will in relation to your Spanish assets. This is a Will signed before a Spanish Notary and registered in Madrid at the General Registry of Last Wills. Upon your death anyone mentioned in your Spanish Will will be able to obtain a copy of the Will without delay. The inheritance procedure is then far more straightforward and less costly than if a foreign Will is used.
We will be pleased to advise you in further detail and to draft a Will that dovetails with any other Will you have already made, or are intending to make.
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