Experts in law
English Speaking inheritance lawyer with 25 years experience handling probate all over Spain for international clients
If you have recently lost your spouse, partner or parent we appreciate that the amount of matters you need to deal with can be daunting.
We can help you wind up the Spanish estate and place all the assets safely in the name of the beneficiaries anywhere in Spain, including the Balearic and Canary Islands.
We can also help you write a Spanish will to guarantee a simple and tax efficient probate process in the future for your loved ones.
Spanish inheritance by Michael Davies in a nutshell:
- Michael Davies the owner of the firm Davies Abogados/Solicitors & Barristers is a fluent English speaking Spanish Inheritance lawyer with over 25 years experience. Michael Davies has handled over 500 probate cases since 1994.
- He is member 1748 of law societies of Almería and 67228 of thee law society of Madrid.
- He is a well known Spanish probate and inheritance tax expert . We will make sure that you pay the minimum amount of inheritance tax possible. Inheritance tax forms are presented by self assessment and the exemptions applicable vary depending on where in Spain the beneficiary is resident or on where the assets are situated if the beneficiary is non resident in Spain. To make things more complex we have had a few changes to the exemption rates in the last 3 years and to the way they apply to non-residents due to varios sentences by the E.C.J. and the Spanish Supreme court. We will also take into account the effect of the inheritance valuation on the future capital gains tax very often overlooked. In Andalucía most families no longer pay inheritance tax.
- We take care of everything from start to finish including inheritance tax clearance and registration of the real estate.
- We are transparent and upfront with our fees. We do not provide a below the market quote for Probate to then surprise our clients with fees for extra items.
- We are proactive with our advice. We have done this hundreds of times before so we know exactly what needs to be done.We have offices in Marbella, Almeria and Mojacar and associated office in Alicante an Javea. We handle inheritance cases anywhere in Spain including the Balearic and Canary Islands.
- Our experience of over 25 years and over 400 probate cases handled allows us in 90% of cases to provide an exact budget and timescale from the start and avoid all the pitfalls of an inheritance procedure avoiding both extra costs and delays.
- We have an indemnity insurance policy for 3.100.000 eur0.
The advantage of using a Spanish inheritance lawyer specialised in probate for ex-pats
Nobody is good at everything. Some solicitors due to a shortage of work will pretend that this is the case but this is impossible.
Inheritance procedures requires a lot of specialised knowledge and the lawyer that did the conveyance may not be the most indicated to handle the inheritance.
Dealing with the Spanish inheritance tax declarations correctly is the most important part of a Spanish probate procedure for international clients.
Inheritance tax in Spain is extremely complex and is done by self assessment. If you do not use a lawyer accustomed to dealing with Spanish inheritance tax declarations for international clients it is is easy to make “very expensive mistakes “. Inheritance tax is completely different in each region of Spain.
Documents from other countries need to be con-validated for use in Spain.
Our experience of 25 year handling probate, inheritance related litigation and a variety of inheritance tax related issues for ex-pats in Spain permits us to deal with the inheritance from start to finish in an efficient and cost effective way and because we know what to expect we can give you an exact budget and timescale from the start.
In cases where there is a Spanish will we usually complete the full procedure including tax clearance and registration of the real estate in the new names within 3 months from receiving documentation.
We know you will have a lot of questions.
- Do they freeze the accounts?
- Do we have to pay the funeral ourselves or can it be paid from the estate?
- I have been reading about Spanish inheritance tax on the internet and I seem to be reading contradictory information and I am now very confused.
- What happens with the bank accounts and the direct debits to the property? How do I pay the funeral if they freeze the account? How much will all this cost? What is the timescale of probate?
- Can I sell the property?
- How long do I have to wind up the estate?
- How long does the inheritance procedure take?
- Will the Spanish solicitor need to liaise with my English solicitor?
- Will I have to pay tax in both countries?
- What happens if there is no will?
- Do I have to have an NIE number?
- What are my obligations and responsibility if I am an executor on a Spanish will?
- How can I get hold of a copy of the will?
- Can my late husband´s children dispute the will? How do I know if the will I have is the last one signed?
We will be able to respond to all these questions during our fist appointment.
We deal with all kinds of estates and we deal with them anywhere in Spain:
We are accustomed to dealing with all kinds of estates, from the most usual inheritance of half a property and bank account by a spouse using a Spanish will to large estates involving multiple properties with no Spanish will and involving multiple jurisdictions and applicable legislations.
Please contact us now for a free no obligation consultation. (preferably in person at one of our our offices). If you are unable or do not wish to come to Spain we can schedule a video call using Zoom , whattsap or Facetime instead . If you are from the old school then a simple telephone call and e-mail will do the job.
We will talk you through all your questions and discuss the procedures and cost. We do not need you to find the correct questions as we have done this hundreds of times before and we will explain everything. This will include establishing if you have to pay inheritance tax or not and how much this would be. If you are inheriting in Andalucía from your spouse or parent it is highly likely you will not pay any inheritance tax .
Thanks to recent changes many heirs pay no inheritance tax : This is the result of the favourable consequences of a recent sentence by the ECJ that contemplates that non residents of Spain (but resident of European Union countries ) are now allowed the same exemptions as residents of Spain and how in Andalucia exemptions have increased in 2017, again in 2018 and believe it or not yet again in 2019.
The exemptions applicable will the ones corresponding to the date of death.
We will follow up the discussion with a written budget and timescale for handling the full procedure for you from start to finish.
We appreciate how complicated things are for you at this moment in time and if you hire us we will do everything possible to make sure that the legalities of the inheritance procedure take place in an orderly and speedy fashion with an exact timescale and budget provided at the outset.
When we take on a probate case, if possible we like to meet in person at least on one occasion but it is not strictly necessary as we can do everything by power of attorney that we would send you for signature in the U.K.
QUESTIONS AND ANSWERS
Are you the right firm of inheritance lawyers to handle probate for us?
If the estate is anywhere in Spain and anywhere between 50000 euro and 5000000 euro in value and has an international element to it (the deceased, the beneficiary etc ) we are the ideal firm to handle probate for you. We are known experts in the field and have over 25 years experience.
Will I have to come to Spain to complete the process ?
You do not have to. If you like we can do all the work by power of attorney.
Will I have to pay inheritance tax?
It will depend on your circumstances. You can rest assure thought that we will make sure you pay no more than strictly necessary. With the new exemptions approved in Andalucia this year many heirs pay no tax. Non residents can also take advantage if they are from the European Union thanks to a recent sentence by the ECJ
Are you expensive?
We are experts so we are very cost effective because we handle many cases . We will provide you with a budget in writing.
How long does it take?
We pride ourselves on handling probate faster than almost any other probate solicitors . We can normally wind up an estate consisting in a property and a bank account with a Spanish will within three to four months.
How do we pay for the funeral?
If there are funds in a bank account that are part of the estate we can request direct payment from that account.
Are you taking on inheritance cases during the Coronavirus outbreak ?
Yes, we are. Appointment are not at the office until Coronavirus is over . Instead we do everything over video conference (whatsap, zoom or Facetimes) or the traditional phone calls and emails with powers of attorney signed in the U.K. and sent to us
In any case we are accustomed to this . We handle inheritance cases all over Spain for mostly international clients so for us it is in no way exceptional to communicate in this way and have handled cases often like this before Covid 19.
What parts of Spain do you cover?
We handle probate and wills all over Spain
Where are your offices ?
We have offices in Marbella, Almeria and Mojacar and associated offices in Alicante and Javea.
Can I organise a video conference with you to discuss my case?
Yes, for those clients that do not wish or are not able to come to one of our offices we do video calls over Zoom, Facetime or Whatsap.