# Help with getting a UK will actioned in Spain



## toffeeboy (Jan 14, 2011)

Hi

I have just inherited via a UK will (no Spanish will exists) a property in Spain.

Can anybody recommend a Spanish, English speaking UK solicitor in the North West and an English speaking Spanish Notary in the Estepona area as I believe these are what I will require to get the will executed. I'm looking to keep my costs to the bear minimum as I'll have to pay the Spanish IHT and settle the mortgage so please if you can suggest someone at the cheaper end of the market who is good, fast and trustworthy. Alterntively if there's an alternative please let me know

Thanks

TB


----------



## xicoalc (Apr 20, 2010)

Always a tricky situation... its going to involve a lot of hassle... I do know a great law firm that have representation in the Uk and Spain. i also know a fantastic offiial sworn ttranslator and I get a feeling your going to need one of those too. This won´t be a cheap thing but if you want any useful numbers please do PM me


----------



## dunmovin (Dec 19, 2008)

toffeeboy said:


> Hi
> 
> I have just inherited via a UK will (no Spanish will exists) a property in Spain.
> 
> ...


unfortunately Steve is right and in your position I would follow his advice/recommendations.


----------



## Stravinsky (Aug 12, 2007)

You do need professional help. There should have been a Spanish will to mirror the UK one .... but I guess thats all in the past.

As I remember it, you are going to have to get the UK will officially translated and somhow notarised in the UK. Then it has to come over here to your appointed solicitor. As you probably know, you cant do anything with the property until all the IHT ext is paid, and bank accounts etc may be frozen over here now.

So you need a good solicitor in the UK and a good solicitor in Spain I'm afraid.


----------



## xabiaxica (Jun 23, 2009)

Stravinsky said:


> You do need professional help. There should have been a Spanish will to mirror the UK one .... but I guess thats all in the past.
> 
> As I remember it, you are going to have to get the UK will officially translated and somhow notarised in the UK. Then it has to come over here to your appointed solicitor. As you probably know, you cant do anything with the property until all the IHT ext is paid, and bank accounts etc may be frozen over here now.
> 
> So you need a good solicitor in the UK and a good solicitor in Spain I'm afraid.


I know you have to pay the IHT before you can do anything with it - but can you then sell it to pay off the mortgage - or if you want to keep it can you take the mortgage over?



it hardly seems worth inheriting, does it?


----------



## Beachcomber (May 10, 2009)

A firm of UK Notaries Public called DePinna would handle everything for you:

De Pinna Notaries.


----------



## xicoalc (Apr 20, 2010)

When it comes to translating be careful. Law firms will often translate or pass to a 3rd party sworn translator anf charge anything up to 100€ PER PAGE in some cases. I had a client who paid more than 1000€ to have a will translated which is absolutely loco.

As mentioned before, I know an oficial govornment translater who charges a fraction of this so do shop around. 

Are you absolutely sure there is no Spanish will? Over here theres a lot of publicity about making a Spanish will and the consequences for your relatives if you dont. I would have thought that the deceaseds lawyers who hadnled the purchase of their house would have urged them to make a Spanish will or a double column bi-lingual one.


----------



## toffeeboy (Jan 14, 2011)

*Assistance*

Thanks for the advice so far, it is pretty much as I expected.

There is definitely no will, he died faster than we thought, sorted the English will and made the appointment to see the Spanish solicitor but unfortunately never made it!

Sorry to ask what may be dumb questions but why do I need a solicitor here in the UK? If I get the will and grant of probate translated and officially certified as a translation (not sure how this is actually done) in Spain that must make things easier as all of the leg work after this appears to take place in Spain.

Does anybody know other than IHT what charges are levied, any property transfer taxes or land registry fees etc.

Finally I am trying to get a market value, I had a couple of estate agents out to give me a value last week but as yet don't have any values. I am told that it could also be valued at the rateable value multiplied by whatever index they region uses ( in this case Estepona) to gain a minimum value for tax, is this correct and if so where will I find that multiplier. I know the value as it appears on the annual rates bill (sorry I know I'm using English rather than Spanish terminology but hopefully you get my drift)

Does anyone have an idea if we exclude the IHT issue how much the fees are likely to be for this?

Thanks again for all the help

TB


----------



## toffeeboy (Jan 14, 2011)

steve_in_spain said:


> Always a tricky situation... its going to involve a lot of hassle... I do know a great law firm that have representation in the Uk and Spain. i also know a fantastic offiial sworn ttranslator and I get a feeling your going to need one of those too. This won´t be a cheap thing but if you want any useful numbers please do PM me


Hi Steve

I can't PM you but maybe you can PM me with the details or an email address, I am interested in the contacts

Thanks

TB


----------



## xabiaxica (Jun 23, 2009)

toffeeboy said:


> Hi Steve
> 
> I can't PM you but maybe you can PM me with the details or an email address, I am interested in the contacts
> 
> ...


he can't PM you either yet


but you're nearly at the required number of posts


----------



## xicoalc (Apr 20, 2010)

toffeeboy said:


> Sorry to ask what may be dumb questions but why do I need a solicitor here in the UK? If I get the will and grant of probate translated and officially certified as a translation (not sure how this is actually done) in Spain that must make things easier as all of the leg work after this appears to take place in Spain.


To be honest you may be right and not need a UK lawyer at all but I think the 1st step would be to talk to a lawyer in Spain and find out exactly what you do need. 

I would have thought that you will need the will and probate documents verifying by means of a hague apostille and then all the documents including the apostille officially translating. To obtain a hague apostille you will probably need some documentation from a UK reggistered and practicing lawyer confirming that the will is indeed genuine and was witnessed by him etc etc.

As I said, talk to a lawyer in Spain who will tell you exactly. All I know for sure is that people I have spoken to in your situation have said it is always a huge hassle so best to get expert avice.


----------



## toffeeboy (Jan 14, 2011)

steve_in_spain said:


> To be honest you may be right and not need a UK lawyer at all but I think the 1st step would be to talk to a lawyer in Spain and find out exactly what you do need.
> 
> I would have thought that you will need the will and probate documents verifying by means of a hague apostille and then all the documents including the apostille officially translating. To obtain a hague apostille you will probably need some documentation from a UK reggistered and practicing lawyer confirming that the will is indeed genuine and was witnessed by him etc etc.
> 
> As I said, talk to a lawyer in Spain who will tell you exactly. All I know for sure is that people I have spoken to in your situation have said it is always a huge hassle so best to get expert avice.


Thanks Steve, once I reach the magic number I will PM you for contact info. I should be able to get this from the solicitor who drew the will as it was done only a couple of months ago here in the UK.


----------



## toffeeboy (Jan 14, 2011)

xabiachica said:


> he can't PM you either yet
> 
> 
> but you're nearly at the required number of posts


Thanks for that - this counts as another post as well


----------



## Stravinsky (Aug 12, 2007)

I dont think you or an agent gets to value the property. Thats done by the authorities here based on the value registered with them.

Its an English will. If it were me I would have everything do (not sure) ne through solicitors both in the UK and Spain. People I have heard of in this situation have had the translation done in the UK and iirc certified by the Spanish Embassy


Inheritance in Spain: Strong Abogados


----------



## toffeeboy (Jan 14, 2011)

*Advice*



Stravinsky said:


> I dont think you or an agent gets to value the property. Thats done by the authorities here based on the value registered with them.
> 
> Its an English will. If it were me I would have everything do (not sure) ne through solicitors both in the UK and Spain. People I have heard of in this situation have had the translation done in the UK and iirc certified by the Spanish Embassy


Thanks for the link, I am going to take my application for an NIE to the consulate in Manchester, it is where is the best place to get the documents translated (UK or Spain) and where/who can authorise them as true and accurate translations (and again in Uk or Spain)

Thanks


----------



## Stravinsky (Aug 12, 2007)

toffeeboy said:


> Thanks for the link, I am going to take my application for an NIE to the consulate in Manchester, it is where is the best place to get the documents translated (UK or Spain) and where/who can authorise them as true and accurate translations (and again in Uk or Spain)
> 
> Thanks


Are you aware what the IHT figures are for non residents?

These are 2008 figures I think

Categories of Inheritors

Inheritors fall into four categories with the allowances conceded shown in brackets::

Group 1: Descendants and adopted children under 21. The older the child, the more tax to pay (15,956.87€).

Group 2: Descendants and adopted children over 21, spouses, parents and adoptive parents (15,956.87€).

Group 3: Brothers/sisters, nephews/nieces, aunts/uncles (7,993.46€).

Group 4: Relatives in forth degree or friends (No allowances).

Calculating Inheritance tax

Once the above allowance has been deducted the Tax authorities apply the following tax rates on the remainder of the inheritance, with Group 1 paying the least and Group 4 the most.

AMOUNT Percent (%)
0 up to 7,993.46€	7.65
Up to 15,980.91€	8.50
Up to 23,968.36€	9.35
Up to 31,955.81€	10.20
Up to 39,943.26€	11.05
Up to 47,930.72€	11.90
Up to 55,918.17€	12.75
Up to 63,905.62€	13.60
Up to 71,893.07€	14.45
Up to 79,880.52€	15.30
Up to 119,757.67€	16.15
Up to 159,634.83€	18.70
Up to 239,389.13€	21.25
Up to 397,55.08€	25.50
Up to 797,555.08€	29.75
Over 797,555.08€	34.00


----------



## xicoalc (Apr 20, 2010)

toffeeboy said:


> Thanks for the link, I am going to take my application for an NIE to the consulate in Manchester, it is where is the best place to get the documents translated (UK or Spain) and where/who can authorise them as true and accurate translations (and again in Uk or Spain)
> 
> Thanks


There are many options for sworn translations. I personally use an official translator (spanish) who lives in Paris. Her rates are far lower than ANY other as she is a one man band but she posts everything or couriers it. I send a lot of work to her because she is official (so all her translations are stamped, signed and accepted by any court in spain), accurate, fast and cost effective. 

Some lawyers will charge anything up to 100€ per page... she chharges usually about 1/4 of that depending on the quantity of content on a page obviously.

PM me if you want to know more


----------

