Brano77

We have a friend whose husband has recently died. We are now aware that as a couple they never renewed there old Residencia Cards (Regimen Comunitario) which expired in May 2004. They were apparently told by the police in Santiago that it was not necessary!! They have lived in Spain for the last 12 years and are UK pensioners.

They only made Spanish Wills recently and we have just heard there has been a problem identified on the "Certificado de Ultimos Voluntades" although the exact details we are not yet aware of. The Wills were formalised via a Notario.We are also aware that the widow has been told that to re-register their car in her name it is necessary to have current residency ie the Certificate of Registration.

We are proposing to take her to Coruna Police Station with a completed Ex-16Form and associated paperwork (plus picnic and a copy of War and Peace to while away the time!!) to obtain the Certificate of Registration which I'm sure she should have.

However, I have concerns that the failure to renew their old Residencia cards back in 2004 may cause some problems during the administration of the estate - preparation of Escrituria de Aceptacion de Herencia etc etc, not least of all the entitlement of the widow to the 95% reduction in tax base. We are going to introduce her to our english speaking spanish abogado!

Are we right to anticipate problems and if so any suggestions?

Mitzyboy

Have they been lodging tax returns here?

Brano77

No or certainly not in the last 4 years. Their income was apparently well below the threshold for tax with the various allowances. I shall however check through all the filing boxes in their house!

SueG

From experience here in the office she will probably be OK if she can demonstrate that she has been on the padron. Some of our clients did not have residencias but our local Notary accepts the deceased person´s padrons and you can obtain back ones. She will need an up to date residencia to have the car transferred. A list of all assets will also be required for the Notary to do the Inheritance Deed. Make sure that the list is complete otherwise if other assets are later found another Deed has be prepared and obviously will incur additional costs.

Brano77

Thanks Sue. I'll ask his widow to check for those.

Re the value of assets I understand the value of the house is typically accepted as 80% of the market value.

Fred James

I understand that one way that the value can be calculated is based on the catastral value and multiplying it by a factor that varies by locality. I don't know whether this is the only method used and I guess it depends on the circumstances. Perhaps SueG will have more details.

In Andalucia they publish a list of the coefficients and they do seem to include all localities in Spain. Whether the same system is used in Galicia I don't know but it does seem to be a common method.

The coefficients are here

http://www.juntadeandalucia.es/econo...en20-12-07.pdf

Brano77

Many thanks Fred. I'm sure your coefficients are bigger than mine.

snikpoh

Looks like the average is around 3 which gives a rough value for a property.

Does this take land into account?

Solarwhizz

I didnt think residencia was necessary for Car transfer, only a "Padron", or it that is the case how do people who have holiday homes and cars get the car registered in their names??.

mikelincs

you can't get on the padron now without the new residents certificate. For second hand cars you often only have to have an address and your passport number.

Mitzyboy

Seems to differ everywhere as usual!!!
Here, I had to be on the padron to register the car in my name ..... was a few years ago though