Probate in Spain    

For those who have lost a relative or friend, discussing the subject of probate is often a significant step at the outset; and one which we appreciate needs to be handled with sensitivity.

We are available at the convenience of our prospective clients for initial consultations; evenings and weekends too. As well as being able to discuss matters generally and answer any specific questions our prospective clients may have, it is always helpful for us to have as much background information as possible. This enables us to address matters as efficiently, yet thoroughly, as possible from the outset.

To the extent that it is readily available, it assists to have the following information for an initial consultation:

  • The name and contact details of the deceased person’s representative(s)
  • The full name of the deceased person
  • The date of death of the deceased person
  • Where the death occurred
  • Where the deceased person was officially resident at the time of death
  • What will(s) were left by the deceased person
  • What major assets will comprise the estate of the deceased person
  • Where the assets are located (in the case of property- country/ town)
  • The approximate total value of the assets (per country)
  • Any steps which have already been taken to administer the estate
  • The relationship of the beneficiary/ beneficiaries to the deceased person
  • Where the beneficiary/ beneficiaries are officially resident
  • Whether all beneficiaries already have N.I.E’s (Spanish fiscal numbers)
  • Whether inherited assets will be sold or retained initially
  • Any possible disputes in the distribution of the estate.
  • We work for clients with assets anywhere in Spain and accept instructions from clients throughout Spain; the UK; and worldwide.
  • We provide our services directly to individual executors and beneficiaries, wherever they are based.
  • We also work alongside other professionals, to offer support for multi-jurisdictional cases. Alternatively, if required, we can accept appointment to act as principal co-ordinator in multi-jurisdictional probate cases.
  • Instructions are accepted by meeting; telephone; e mail or post- to suit clients' preference and availability.
  • Our service ethos is professional; efficient; and approachable.
  • Our team is professionally qualified, highly experienced and bi-lingual.
  • With the essential language skills; qualification; and multi-jurisdictional experience, we can guarantee the technical excellence of our services.
  • We offer reasonable (normally fixed fee) prices, always agreed in advance - no "hidden surprises"! Sterling and Euros are accepted.
  • We can also help you with Powers of Attorney and Spanish (N.I.E.) fiscal registration.
  • Call us for a free consultation on 00(44)1260 299700


In relation to the legal and administrative aspects of the probate (succession) process in Spain, the service offered by Wincham Investments is to assume full responsibility for all such matters. Clear, regular and individual communication with the representatives of the deceased person’s estate is key to our service.

The precise procedures which are necessary vary in each case, depending on a number of factors, including: where the death occurred; and whether there is a Spanish and / or an English will (or in some cases, no will). At the outset of a case, we will provide a fully detailed case schedule, specifying the procedural steps which we will need to take on your behalf and the information and documentation we will require from you.

We can work alongside UK Solicitors / other overseas probate lawyers, if already instructed. Alternatively, we can provide a full probate co-ordination service, handling the administration of the estate both in Spain and in the UK/ other jurisdictions.

By way of a general guide to the succession process in Spain, we set out below some brief comments on the key procedural stages.

  • Gathering all documentation and information relating to the deceased person and the deceased person’s Spanish estate, including: death certificate; will(s); title details for all properties, vehicles and other assets; asset values; bank accounts; investments; debts, loans and mortgages; for all beneficiaries: N.I.E’s (Spanish fiscal identification numbers), personal identification details, birth certificates, passports; and details of beneficiaries’ assets at the time of death of the deceased person.
  • Obtaining N.I.E’s for all beneficiaries who do not already have them.
  • If death occurs outside Spain, proving the death to the Spanish authorities.
  • The granting of powers of representation to the probate representative by each of the beneficiaries, to avoid the need for beneficiaries to be present in Spain.
  • Obtaining the certification of the deceased person’s last wishes from the Spanish Wills Registry.
  • Obtaining the official authorised copy of the deceased person’s will from the Notary.
  • Obtaining the UK Grant of Probate (required in some cases for Spanish probate).
  • Translating and legalising any applicable documentation.
  • Notifying all applicable Spanish Authorities of the death.
  • Notifying Spanish banks in respect of the deceased person’s accounts,ofthedeath.
  • Opening a Spanish bank account for the beneficiaries, if required.
  • Executing the beneficiaries’ Deed of acceptance of the inheritance.
  • Punctual payment of all taxes due as a result of the death of the deceased person (n.b. beneficiaries’ individual responsibility; not that of the estate).
  • Obtaining official receipt of payment of succession taxes.
  • Re-registration of title to assets into the names of the beneficiaries.
  • Selling assets which beneficiaries require to be sold.
  • Distribution of estate proceeds among beneficiaries.



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