[DeeBee]

My parents in law jointly owned property in Gran Canaria.  Their main residence was in England but they spent 5 months a year at their apartment in GC.  Both had made wills in the UK in October 2007 and subsequently (6 months later) also made wills pertaining solely to their Spanish assets.  My mother in law died in September 2013 and, although her UK will was executed, her family (daughter) in Spain did not inform anyone of her death.  My father in law died last month and now we have to have his UK and Spanish wills executed.  In the light of European Regulation 650/2012, is my father in law’s Spanish will null and void ?  I ask this because his will bequeaths all assets in Spain to his daughter (resident in Spain) or does the regulation require that the Spanish assets must be shared amongst all of his his antecedents and decendants ?

[Mark Roach – Spanish Tax Consultant & UK Limited Company Director]

Hello DeeBee,

Firstly sorry for the loss of your Family Members.
The Husband & Wife that owned the Gran Canaria apartment are classed as UK Tax Resident and not Spain Resident.

As 6 months has passed since the lady passed away there will be fines to now pay to Spain Tax Office as Spain Probate has not completed since her passing September 2013. (within 6 months)

As the Father in Law died during December 2016 you will have to Probate in Spain by June 2017 so not to receive fines from Spain Tax office on his passing too.

Double Probate is now required for the apartment in Gran Canaria where you can use either Spanish Inheritance Tax rates of Madrid for a Non Resident, or those of The Canary Islands which is the Region Gran Canaria is located.

A full review of both Spain & UK Wills is required to move forward in Spain in the most Tax efficient way.

[Author]

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