Dealing with assets in multiple jurisdictions can provide an interesting challenge for probate solicitors that are not used to deal with these problems. At KD Law we deal on a regular basis with cross border matters and help our clients to make plans to account for their assets in British-Spanish jurisdiction.
The concept of domicile on the face of things appears to be relatively straightforward. But it becomes rather complicated when individual situations are taken into account; the concept of “residencia habitual” in Spain is completely different to the concept of domicile in the UK. Once the issue of domicile has been resolved, difficulties may then arise in proving the validity of the Will or, if no Will was made, determining who is entitled to the estate under the rules of intestacy. Spanish inheritance tax is payable if either the recipient is resident in Spain or if the asset passing on death is property in Spain. It is payable by the recipient and not the estate and unlike in many other countries there is no husband-wife exemption.
There is no need for you to be present in Spain in order to deal with the Spanish probate procedures as you can appoint a power of attorney for us to act on your behalf. The power of attorney can be arranged in our offices.
We have English-speaking solicitors and a Spanish abogado with unique expertise in international law specialising in dealing with estates where there is property or other assets in UK and Spain that can help you to resolve your matter with the best outcome, saving time and costs.