When does a shared path stop being a favour and start being a right? Easement of way in Spain. Legal advice.

Living in another country rarely comes without its share of bureaucratic surprises. Most of our readers will already know this from first-hand experience, whether it was registering a car, dealing with the Town Hall, or simply trying to get a straight answer from a Spanish office. Today, we look at another one of those moments: the paperwork that follows the death of a loved one, and how the process here differs, in some important ways, from what you may be used to in the UK.

The death certificate is where everything begins. If your loved one passed away in Spain, the certificate issued by the local Civil Registry is generally sufficient on its own. If they passed away in the UK, however, the death certificate will need to be apostilled and accompanied by a sworn translation for the Spanish authorities to accept it.

The next step is confirming whether a will exists. Spain keeps a “Central Registry in Madrid” recording every will granted by anyone, anywhere in the country. Checking this registry is a mandatory first step, even if you are confident no Spanish will was ever granted. If one exists, a special certified copy must be requested from the Notary who holds it. If there’s no Spanish will but there is a UK one, an apostilled, translated copy will generally be required. Where no will exists, in either country, matters become more complex, and this is something we will cover in a future article.

Once it is confirmed who inherits, the next task is drawing up an inventory of everything owned, and anything owed. Bank accounts don’t transfer automatically to heirs the way they might in the UK. A specific bank certificate is needed, and the relevant Inheritance Tax generally must be settled before funds can be released. Property works differently too. Both the Land Registry and the Spanish Cadaster need checking, since they hold different, complementary information. No formal valuation is required, though the declared value cannot fall below an official minimum set annually. Finally, before anyone can access the inherited assets, a notarial deed of acceptance must be signed, and the Inheritance Tax must also be paid.

Sorting out an estate in Spain isn’t necessarily harder than doing so in the UK, but it does follow its own logic. Knowing that logic in advance tends to save a good deal of frustration. If you find yourself facing this process, at White Baos Lawyers we are always happy to help you through it. Reach out to us today.

You may be interested in the following services and articles:

Inheritance Tax payment from the deceased’s bank account. Inheritances in Spain. Is it possible?

NIE in inheritances. Who needs an NIE to deal with an inheritance in Spain?.

Inheritance without a will. Who are the heirs in each case? European Regulation 650/2012. International succession. Legal advice.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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