Spanish assets

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16 Aug 2009 00:00 by Rosie45 Star rating. 9 posts Send private message

Hi, Wonder if anyone can help please.

When my late husband died he didn't have any English assets that required a UK  grant of probate,however he owned a small studio apartment on Costa Del Sol

He made an English will naming me as sole executor and beneficiary. I am now wanting to sell the studio and am in the process of having his will and death certificate translated into Spanish so that they can be apostilled, and sent to the Spanish estate agent.

I realise that different countries have different laws, and I need to know whether Spanish law requires me to obtain a UK grant of probate, even thought there were no English assets

 





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18 Aug 2009 13:04 by Rosie45 Star rating. 9 posts Send private message

Help!

Is anyone able to advise me on this please

Rosie





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18 Aug 2009 13:58 by Rixxy Star rating in San Pedro. 2011 posts Send private message

Rixxy´s avatar

 Hi Rosie, sorry to hear of your loss

Check with a lawyer as Spanish law is complex when it comes to Spanish assets. If the property was in your husbands name, then you have to get the share transferred into your name which also attracts inheritance tax, payable before the share or whole is transferred to you. The estate agent wont be able to sell the property as it is asyour husband isnt around to sign the deeds.

Maria del Castro on this forum is a lawyer and may be able to advise but before you do anything please get good legal advice.



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18 Aug 2009 14:08 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

Hi Rosie!

Is him the only owner of the apartment or you both owned it?

As an answer to your question regarding the validation of the UK will here in Spain:  yes, you need a letter of probate translated into Spanish and with the Hague Apostille. That will be enough title for the Registrar to  register your husband´s ownership rights into your name.

As very well Rixxy has just said, you need to liquidate yout husband´s inheritance before being able to sell.

Best,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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18 Aug 2009 14:50 by Rosie45 Star rating. 9 posts Send private message

Hi Maria and Rixxy

The studio is in my late husband's name only, and I didn't apply for a UK Grant of Probate because he had no English assets that required a Grant.

His original Will and original Death Certificate are being translated by a certified translater ready to be Apostilled but I need to know whether the Spanish authorities wil insist on a UK Grant of Probate even though it is not a requirement of UK law.





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18 Aug 2009 15:07 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

In that case, a letter by a lawyer with that explanation being directed to the Registrar would suffice. It needs to be a lawyer with an specialty in International Private Law.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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18 Aug 2009 15:22 by Rosie45 Star rating. 9 posts Send private message

Thank you for your help

Rosie





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18 Aug 2009 15:55 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

Very welcome!

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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08 Sep 2009 19:28 by Rosie45 Star rating. 9 posts Send private message

Maria, Help please.

My Spanish agent's Notary is insistent that I need to apply for a UK grant of Probate because the Malaga Registry will not transfer heritage into my name without it.

Considering that the UK doesn't require me to apply for a grant of probate as there are no English Assets the last thing I want to do is spend money applying for probate, (that I don't have)  if it is unnecessary.

Any more ideas on this one please?

Rosie





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09 Sep 2009 08:43 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

Can the grant of probate be applied for and issued if there is no assets in the UK?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Sep 2009 09:44 by Rosie45 Star rating. 9 posts Send private message

I don't know Maria, but I will telephone an English lawyer this morning and try and find out

Rosie





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09 Sep 2009 10:12 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

Ok. Please keep us updated.

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Sep 2009 10:13 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

Ok. Please keep us updated.

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Sep 2009 10:13 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

Great. Please keep us posted.

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Sep 2009 12:04 by summer1010 Star rating. 63 posts Send private message

summer1010´s avatar

Hi

My brother and I are joint owners of a property in Benalmadena and I was wondering what taxes we would have to pay in the event of either one of us passing away before the other, and before the mortgage is repaid?

What %s are we looking at and what are the taxes called?

Many thanks

www.golfapartment.co.uk





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09 Sep 2009 12:12 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

Are you spanish residents? Is it your habitual dwelling?

Best regards,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Sep 2009 15:19 by summer1010 Star rating. 63 posts Send private message

summer1010´s avatar

We are non residents and live in the UK.

Thank you


 

www.golfapartment.co.uk



This message was last edited by summer1010 on 09/09/2009.



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09 Sep 2009 16:04 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

Answers below in bold green ( same text as your email): 

Hi

My brother and I are joint owners of a property in Benalmadena and I was wondering what taxes we would have to pay in the event of either one of us passing away before the other, and before the mortgage is repaid?

If both mortgage and ownership rights are 50-50, the taxable amount to be paid by the survivor will be the result of reducing the value of the half by the value of half of the mortgage, then the tax rate is applied, according to a sliding scale, which varies according to taxable amount.

If you give to me the value of the property I can calculate the tax amount if one of the two died tomorrow.

What %s are we looking at and what are the taxes called? Impuesto de Sucesiones y Donaciones

Many thanks



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Sep 2009 19:25 by Rosie45 Star rating. 9 posts Send private message

Hi Maria

I spoke to an English lawyer this morning who confirmed that as far as English Law is concerned I didn't need to apply for Probate because there were no English assets.

She said there was nothing to prevent me applying for UK Probate if  the Malaga Registry insisted it was necessary but she felt there must be an alternative solution, and didnt want to apply for probate on my behalf unless a suitable alternative could be found.

She said the cost would be £600+

Now, whats really confusing me is that I read somewhere that Spain doesn't have a Probate system, and when English property owners are resident outside of Spain, if they have made an English will, the applicable rules are those of the country where they are resident. So if England doesn't  require me to obtain probate why are Malaga apparently insisting it is necessary?

Rosie


 



This message was last edited by Rosie45 on 09/09/2009.



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11 Sep 2009 23:48 by Rosie45 Star rating. 9 posts Send private message

Hello Maria

The Spanish Notary has said that if I wish he can make an heirship declaration to the Malaga Registry for me, but he is 99.9% certain they wont accept it. He said that because my husband made an English will, a UK Grant of Probate is the only document that is guaranteed to make an English will valid in Spain. I also spoke to the Spanish Embassy in London this morning who agreed that obtaining Probate is the only guaranteed route.





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