Probate in the UK and Spain: Two Separate Legal Processes
Whether you need probate in the UK when the deceased owned a Spanish asset
depends on a few factors, particularly the type of asset in Spain and the ownership
structure. Below is a guide to understanding when probate is required in the UK for
estates with Spanish assets.
1. Probate in the UK and Spain: Two Separate Legal Processes
When a person dies owning assets in more than one country, the legal process of
distributing their estate may involve separate procedures in each
country. The laws of each country will determine how the deceased’s estate is
handled within its borders.
In Spain, probate is necessary for assets located within the country, such as:
• Real estate (property)
• Bank accounts
• Shares or investments
In most cases, if the deceased owned any of these types of assets in Spain, you will
likely need to go through Spanish probate. However, you may also need UK
probate depending on where the deceased was domiciled and what type of assets
they owned in the UK.
2. When Do You Need Probate in the UK?
You may need UK probate if:
• The deceased was domiciled in the UK and had assets located in both the
UK and Spain.
• There are UK-based assets that need to be administered, such as bank
accounts, property, or investments.
• UK financial institutions require probate before releasing funds, even if the
deceased also owned assets in Spain.
In the UK, probate is required to obtain the legal right to deal with the deceased’s UK
assets, particularly if they were held in their sole name. If the deceased left a UK
will, the executor(s) named in the will would need to apply for a Grant of Probate in
the UK.
3. Spanish Assets and UK Probate
For Spanish assets, such as a property or a bank account in Spain, Spanish law
governs the administration of the estate. However, if the deceased made a will in the
UK covering their worldwide assets (including Spanish assets), UK probate may still
be required for administrative purposes.
Some scenarios where UK probate might be necessary in relation to Spanish assets
include:
• Dual Wills: If the deceased had a will in both the UK and Spain, UK probate
might be required to administer UK assets, while Spanish probate is used to
handle assets in Spain.
• Single UK Will Covering Worldwide Assets: If the deceased only made a
UK will covering their worldwide assets (including the Spanish property), UK
probate might be necessary to deal with those worldwide assets, but Spanish
probate is still required to administer the Spanish estate.
• Communication Between Countries: Spanish notaries or registrars might
request a copy of the UK probate to confirm the legal standing of the
executor(s) named in the UK will.
4. When Is Spanish Probate Needed?
It is always required to administer assets located in Spain, regardless of the deceased’s nationality or place of domicile. Even if UK probate is obtained for UK assets, you will still need to go through a
separate Spanish process to transfer or sell Spanish assets such as
property.
5. How to Deal with Both UK and Spanish Probate
In cases where both UK and Spanish probate are required, the typical process is as
follows:
1. Obtain UK Probate First: If the deceased was domiciled in the UK and had a
UK will, you would typically apply for UK probate first. This gives the
executor(s) the legal authority to manage the UK estate.
2. Handle Spanish Probate: Once UK probate is granted, you would then apply
for Spanish probate to deal with the Spanish assets. Spanish authorities may
require a certified copy of the UK probate (translated into Spanish and
legalised) to recognize the executor’s legal standing.
6. Non-Residents Owning Spanish Assets
If the deceased was not a UK domiciled but owned Spanish property, you would
generally only need Spanish probate for the Spanish assets. The UK probate
process might not be involved unless there are UK assets as well.
Conclusion
• UK probate is needed to administer UK assets and provide legal authority to
deal with them.
• Spanish probate is required to administer Spanish assets like property or
bank accounts.
• If the deceased had assets in both the UK and Spain, you may need both
UK and Spanish probate to settle the estate.
If you are unsure about whether probate is needed in the UK for an estate involving
Spanish assets, we can provide advice tailored to your situation. We specialise in
cross-border estates and can guide you through both the UK and Spanish processes to ensure everything is handled efficiently.