Inheritance in Spain

Common questions

What does a power of attorney to deal with an inheritance in Spain look like?

If someone is going to act on your behalf in Spain, they will usually need to use a Spanish-style power of attorney. This is a document signed by you in the presence of a notary, something that you can arrange with a UK-based notary public. We can help you with the drafting or editing of the document and we can liaise with a notary for you.

This is a simplified overview of the structure of a Spanish power of attorney:

– The document starts with the notary’s professional information followed by the identification details of the person executing the power of attorney (i.e. the ‘grantor’ or ‘principal’). The notary then confirms that the grantor has the necessary legal capacity to be bound by the document.
– This is followed by a statement confirming the nature of the document (a power of attorney) and the details of the person who will have authority to act in Spain (i.e. the ‘attorney’ or the ‘grantee’).
– Then a list is included of the powers being granted, that is, all the things that the attorney will be able to do in Spain on behalf of the grantor. The scope of authority given can be as wide or as narrow as required for the specific case.
– Finally, at the end of the document, the notary confirms that all the formalities have been complied with and attests the signature of the grantor.

A wide power of attorney to deal with an inheritance matter or the administration of an estate in Spain will typically include things such as: gathering the assets, accepting and distributing the inheritance, dealing with notaries and registries, paying inheritance-related taxes, dealing with local authorities in respect of real property, dealing with banks, to name just a few.

Who can I appoint as an attorney to act on my behalf in Spain? Can I appoint you?

You can appoint any adult with legal capacity to act as your attorney. Your attorney can be a relative or a friend. Some families appoint one or two family members to deal with an inheritance matter for the whole family. However, for certain matters it may be more appropriate to appoint a lawyer or a professional advisor, particularly if you don’t have anyone close who is available to deal with the documentation in Spain for you. Some people have a lawyer assisting for some matters and then travel personally or appoint a relative to sign the main documentation (e.g. the deed of acceptance of inheritance). In summary, you choose how you wish to be represented and which matters you want to delegate.

We can act as attorneys to assist with some inheritance-related matters in Spain. You can check our Spanish Estate Administration service page for more information on how we can assist personally or through trusted agents in Spain.

I already have a draft of a power of attorney from my lawyer or notary in Spain. Can you help with that?

If you already have the text of a power of attorney professionally drafted in Spain, the next step would be to sign it in the presence of a notary public. Before you do that, there are some ways in which we can help. You may want someone to have a look at the document to see whether it is already in a form adequate to get it signed in the UK while ensuring it remains effective in Spain. Some notaries may do the editing themselves, while others may suggest changes that need to go back to the lawyer in Spain for approval. With our experience, we can easily get the document ready in a format that should satisfy both the notary in the UK and the lawyer and authorities in Spain. We can also explain the content of the document and flag anything that appears unusual or unnecessarily wide in scope. If the document has been prepared in Spanish only, we can prepare an English translation and arrange a bilingual document which will facilitate the signing and the use in Spain.

I do not have any draft but have been told I need a power of attorney. Can you draft one for me?

Absolutely. We can help with the drafting of the document from scratch. We’ll just need to discuss with you the request that you have received so that we can adapt the text to your specific needs. If it helps, we can liaise with a notary in the UK and/or with the notary or other advisors in Spain to ensure everyone is on the same page and the document is fit for purpose.

If I get my power of attorney signed in the UK, does it need to be translated and apostilled? Even if I use a Spanish-speaking notary?

All powers of attorney signed with a notary in the UK will need an apostille before they are used in Spain. That is regardless of whether the document is issued in English, Spanish or bilingually. If the power of attorney was drafted and executed in English only, then you will also need a sworn translation into Spanish. You can check our services pages for Apostille Legalisation and Sworn Translations to find out more, or send us an email to see how we can help.

I have an English lasting power of attorney in place. Can I use that in Spain?

This is a tricky one. Lasting Powers of Attorney (in England and Wales) are granted following a format prescribed by the Mental Capacity Act 2005. They have the primary purpose of being valid even after the person granting the power of attorney loses their mental capacity, although they can also be used before that if conditions are met. The problem with trying to use this type of document in Spain is that the authorities over there are not necessarily familiar with English law in this respect and the document itself does not contain a list of what the attorney may or may not do.

Even if a lasting power of attorney exists, the process of dealing with an inheritance will be smoother if a new power of attorney is signed. This would be a power of attorney that follows the Spanish legal format and can be made specific to deal with the Spanish estate administration. The difficulty comes if the person who granted the lasting power of attorney has lost legal capacity. Then they cannot legally sign a new power of attorney. In such cases, it may be possible to get the lasting power of attorney accepted in Spain by a combination of having it translated and combined with a certificate of law from a notary public in the UK. Do get in touch if you find yourself in that situation and we will explain how we can help.