October 21, 2013 at 10:27 am #57830
My Uncle has died and has left a Uk mirror will with my Aunt; this will does not mention a flat in Spain which he owned in his name; there is no Spanish will as he ‘hadn’t got round to it.’ There are no children; there is my Aunt, a sister and five nephews. i understand that there is a fairly complicated process to go through to transfer the property, and as it is not a valuable asset ( a two bedroom flat) my Aunt is concerned that the costs will exceed the value. I am wondering if there is any way of calculating the likely transfer costs. I would be grateful for any advice.
October 21, 2013 at 4:12 pm #118516
If your uncle left her as universal heir and there is no Spanish will, she will inherit according English Law, which will be the applicable Law in this case, but you will need:
.- Translate and Apostille: Will, Confirmation, Certificate of death, Certificate of English Law,
.-Obtain a Spanish Certificate of no Will
.- Certified copy of passport and obtain NIE in case she hasn’t
.- Regarding the taxes, there are two: Plusvalia and Inherit, and both depends of the value of the property
.- Plusvalia is difficult to know before, because it depends also of the council and time owned
.- Succesion Tax i.e for a property of 100,000€ would be around 10,000€
.- Notary and Registry fees would be around 1,200€
.- Legal fees around 2,000+VAt if you do with a Lawyer from UK
So if the property is valued in 100,000€ the cost of inherit could be around 17,000€(£14,000). I know Taxes are very high, but if she doesn’t do it, she will lose more.
I am a Spanish Lawyer based in UK, and I would be pleased to help you. Also more informationhttp://www.spanishlawintheuk.co.uk/the-inheritance-tax-in-spain/
I hope it helps
October 21, 2013 at 5:50 pm #118518GarySFBCNParticipant
The link in dalogar’s helpful post doesn’t work. Here is the corrected version:
October 21, 2013 at 7:52 pm #118519
Thank you both very much; I will talk to my Aunt and take it forward.
October 22, 2013 at 8:12 am #118520
Thanks for sorting out the link GarySFBCN
October 24, 2013 at 5:38 am #118539
If you file for that property the ownership will be easily transfer to the legal heir.And if your uncle has no child than the property will be transfer to a person that is entitled for legal heir in the UK and that will be your aunt.
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