Review your old Will after Brexit
It is not mandatory to have a Spanish Will on place, but if you own property in Spain, your heirs or beneficiaries of your estate will be able to deal with these assets direct through a Spanish Probate done in front of a Public Notary and they will have only six months to pay the inheritance Tax.
Our experience, is regarding a Will done in front of a Public Notary is the most secure way to avoid problems to your family as in Spain we have a Central Wills Register (Registro Central de Ultimas Vountades) in Madrid and in this particular case we are proud to have a very secure and fast system.
You can do your Spanish Will in our office in the UK with a Public Notary and we will send it to legalise the document with the Apostille and after send it also by courier to the Registro Central de Ultimas Voluntades at Madrid to make sure it is properly register as the last and valid one.
It is sensible to have a Spanish estate planning different from your UK one, and maybe even you have a Will you may want us to review (read our article about HMRC and how they think about some Spanish rights as the Usufruct) and let us review if it is affected after Brexit.
Or maybe you may need to change executors, or even do not have them anymore as they are not mandatory in the Spanish Probate system.
It is important to know that in case you do not have a Spanish Will the Probate system to change your property to the name of your heirs will need a Certificate of your Law, also the whole Probate translated and with apostilles, your British Will, and sometimes if the person died in Spain or was resident there the domicile concept could not be clear. This is a British concept that the lawyers who work from Spain sometimes do not understand as it is not just the residency. Let us from our experience in the Uk and our practice Certificate of Law in Spain help you with these matters.