Spanish Will and UK grant of probate
Aug 1st 2015, 3:57 pm
#1
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Spanish Will and UK grant of probate
I need some advice please. If a person who is resident in Spain and has a Spanish will dies do they also need grant of probate from the UK before the Spanish will can be settled.
Aug 1st 2015, 4:00 pm
#2
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Re: Spanish Will and UK grant of probate
Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.
Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.
Please let me know if you need any further help.
Rosemary
Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.
Please let me know if you need any further help.
Rosemary
Aug 1st 2015, 9:01 pm
#3
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Joined: Jan 2010
Posts: 192
Re: Spanish Will and UK grant of probate
Well, in my experience , no. However it may depend on the world resources of the estate given the form 720, (if declared). As we had no legal requirement to lodge such a declaration prior to the death of my wife, the Notary dealing with the will etc did not seemed concerned with whatever existed outside Spain. I have to admit that he was not particularly interested in the value of the property either, given a clear cut case (in Valencia province), that no succesion tax was likely.
I cannot say anything about any possibility of difference if legatees are other than residents in Valencia.
I cannot say anything about any possibility of difference if legatees are other than residents in Valencia.
Last edited by marcbernard; Aug 1st 2015 at 9:05 pm.
Aug 2nd 2015, 6:17 am
#4
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Posts: 2,675
Re: Spanish Will and UK grant of probate
You probably need to take professional advice on this one.
I'm assuming that the deceased had assets/income in the UK which were taxable and was tax resident in Spain and has both a UK will and a Spanish will to cover assets in both jurisdictions to the exclusion of the other? (Not sure you can if you are a resident in Spain??)
Since 720 you have to declare worldwide assets to Spain if you are a tax resident. However, there is still a bi-lateral double taxation agreement so tax paid in the UK may be offset-able against Spanish taxes.
Since UK probate is primarily about ensuring that HMRC has got it's slice of the deceased estate - namely inheritance tax - then its probably a good idea to have probate as evidence that taxes have been paid in the UK to avoid double taxation.
Whether these rules apply to a deceased's estate as well as living taxpayers I don't know, which is why a professional opinion is advised.
I'm assuming that the deceased had assets/income in the UK which were taxable and was tax resident in Spain and has both a UK will and a Spanish will to cover assets in both jurisdictions to the exclusion of the other? (Not sure you can if you are a resident in Spain??)
Since 720 you have to declare worldwide assets to Spain if you are a tax resident. However, there is still a bi-lateral double taxation agreement so tax paid in the UK may be offset-able against Spanish taxes.
Since UK probate is primarily about ensuring that HMRC has got it's slice of the deceased estate - namely inheritance tax - then its probably a good idea to have probate as evidence that taxes have been paid in the UK to avoid double taxation.
Whether these rules apply to a deceased's estate as well as living taxpayers I don't know, which is why a professional opinion is advised.
Last edited by MikeJ; Aug 2nd 2015 at 6:21 am.
Aug 2nd 2015, 9:39 am
#5
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Posts: 6,903
Re: Spanish Will and UK grant of probate
You probably need to take professional advice on this one.
I'm assuming that the deceased had assets/income in the UK which were taxable and was tax resident in Spain and has both a UK will and a Spanish will to cover assets in both jurisdictions to the exclusion of the other? (Not sure you can if you are a resident in Spain??)
Since 720 you have to declare worldwide assets to Spain if you are a tax resident. However, there is still a bi-lateral double taxation agreement so tax paid in the UK may be offset-able against Spanish taxes.
Since UK probate is primarily about ensuring that HMRC has got it's slice of the deceased estate - namely inheritance tax - then its probably a good idea to have probate as evidence that taxes have been paid in the UK to avoid double taxation.
Whether these rules apply to a deceased's estate as well as living taxpayers I don't know, which is why a professional opinion is advised.
I'm assuming that the deceased had assets/income in the UK which were taxable and was tax resident in Spain and has both a UK will and a Spanish will to cover assets in both jurisdictions to the exclusion of the other? (Not sure you can if you are a resident in Spain??)
Since 720 you have to declare worldwide assets to Spain if you are a tax resident. However, there is still a bi-lateral double taxation agreement so tax paid in the UK may be offset-able against Spanish taxes.
Since UK probate is primarily about ensuring that HMRC has got it's slice of the deceased estate - namely inheritance tax - then its probably a good idea to have probate as evidence that taxes have been paid in the UK to avoid double taxation.
Whether these rules apply to a deceased's estate as well as living taxpayers I don't know, which is why a professional opinion is advised.
Aug 2nd 2015, 6:48 pm
#6
Im a 77 year old nutcase
Joined: Mar 2011
Location: Playa del ingles...Gran Canaria..
Posts: 4,774
Re: Spanish Will and UK grant of probate
Myra Azzopardi Swainson Citizens Advice Bureau Spain
Well I never, not only in Spain. Have just read in a well known UK serious newspaper that:
1.The new regulations (Brussels 1V) means that you no longer have to make a Spanish will if you are a British national and a UK will is to be used, Incorrect.
2. That holiday homes will now come under Spanish Succession law which is forced heirship. Incorrect.
3. That the new regulations apply to some regions of Spain! (this from a UK lawyer. Incorrect. Surely one trained in law should know that this is a EU regulation and not a Spanish law)
4. Lawyer goes on to suggest that those with a holiday home in Spain proceed to make a new will taking advantage of the new rules. Incorrect (not applicable to most nonresidents)
Geez!
Well I never, not only in Spain. Have just read in a well known UK serious newspaper that:
1.The new regulations (Brussels 1V) means that you no longer have to make a Spanish will if you are a British national and a UK will is to be used, Incorrect.
2. That holiday homes will now come under Spanish Succession law which is forced heirship. Incorrect.
3. That the new regulations apply to some regions of Spain! (this from a UK lawyer. Incorrect. Surely one trained in law should know that this is a EU regulation and not a Spanish law)
4. Lawyer goes on to suggest that those with a holiday home in Spain proceed to make a new will taking advantage of the new rules. Incorrect (not applicable to most nonresidents)
Geez!
