Resealing probate in Spain
Resealing probate is the easiest way to validate a will in a country when it was made in another country. However, it is not always possible with Spanish Probate to reseal a UK Grant without going through a separate process – standard resealing probate in Spain is not possible. Spanish and UK regulations are too different, so there is a different process to follow.
When you face the Spanish probate with a will made in the UK, one of the biggest issues may be demonstrating that the Will is genuine. This is because, when it comes to the Spanish probate, the figure of a public notary in Spain is much more prominent than in the UK.
More often than not you will need to apply for a UK Grant of Representation from the UK Probate registry first then have that legalised and translated with an Apostille. We can advise with all of this process.
Taking into consideration you only have six months after the death to pay the taxes, and considering the family issues that may arise during the process, the probate may end up being a race against time in view of the deadlines. This is why it is often better to have made a will in Spain in the first place.
Simplifying the Spanish Probate process
If you are a resident in Spain or in any other EEA country, the easiest way is to make a will in Spain where you will be able to decide which law you want to apply to the property distribution. If you are not resident in an EEA country, you may want to call us and explain to us your situation, so that we can discuss your options with you. In general, making a will in Spain about your property in that country will likely make things easier and will be totally worth it, since the cost is not high.
If the death has already happened, probate in Spain may be very difficult because Spanish administration is very demanding regarding hard proof. In the worst case, even though you may not have any need to apply for probate in the UK, you may need to apply for probate in the UK before settling the affairs in Spain. Struggling with both countries jurisdictions at the time of grief can be very hard to cope emotionally, but rest assured our probate team is here to help. But remember you only have six months before tax must be paid. Call now.
If you want to take advantage of the advice from experts in both UK and Spanish regulations, call us now and we will help you to finish the full Spanish probate process on time.