what it involves

Probate in Spain is completely different from probate in the UK. It is unusual for executors to be appointed, and the beneficiaries will appear before a notary in Spain to accept their Inheritance. This is normally done by means of a Power of Attorney in favour of a lawyer.

Documents which will be required by the notary will include:

1. Spanish Will
2. Legalised and translated UK Probate and Will, or Letters of Administration if there was no UK will
3. Certificate of Last Wishes
4. Title deeds of any property in Spain
5. Certificates of any other assets
6. Spanish Tax Certificates (NIE) for all the beneficiaries
7. Death certificate – legalised and translated if death occurred outside Spain.

In some cases where there is no Spanish Will, an Affidavit of Law may be required.

It is often necessary to obtain a Grant of Probate or Letters of Administration in the UK to show that the Spanish Will has not been revoked by a later UK Will, or that the last valid Will made in the UK was prior to the Spanish Will. If there was no UK Will it may be necessary to obtain a Grant of Representation to show the fact.