Processing International Inheritances in Barcelona
If you have relatives abroad who have passed away, there is a possibility that you may need to manage asset transfers such as the well-known international inheritances. If you need to process an inheritance, national or international, consult our services in the management of inheritances in Barcelona.
You should know that the presence of an international inheritance and international legislation complicates the inheritance process a little, but if you have specialists in international inheritances, the succession procedure will be easier. JLA Notarios is a notary office in Barcelona and one of our specialities is the processing of inheritances in notary offices.
How do International Inheritances work?
In international inheritances, succession occurs when the deceased person resides in a country different from that of the heirs, so they are regulated by the Private International Law of Succession. For example, it must involve Spanish citizens who emigrated, acquired assets and properties in these other places, and died in that country. Therefore, in international inheritances both the assets located outside Spain and those obtained while residing in the destination country are dealt with. It also applies when a person without Spanish nationality dies while residing in Spain or when a foreigner dies abroad leaving assets in Spanish territory.
Therefore, the heirs must face various aspects in international inheritances, such as the language, the different legislations involved, and the importance of different figures in the procedure, such as Notaries who can assist throughout the process.
How are International Successions regulated in Europe?
Currently, the creation in 2012 of Regulation EU 650/2012, of 4 July, has allowed a more practical and easier processing of inheritances in the European Union. With it, the law that applies corresponds to the decision of the citizen. It is he, during his lifetime and by means of a will, who will opt for the law of the country of origin or may choose the legislation corresponding to his country of residence.
However, you should know that with this Regulation, if the applicable law to a succession is not chosen in the will, the law of the habitual residence of the deceased would apply by default.
Inheritances coming from abroad outside the EU
In the case of inheritances originating from countries outside the European Union, since Regulation 650/2012 has erga omnes effect, the law of a succession designated by this Regulation will be considered applicable even if it designates as law that of a State different from the members of the European Union.
Thus, the main criterion is the choice by will (in which case one can opt for the law of nationality or the law of the habitual residence of the testator) and, if there is no choice of law, the law to be applied in the succession would be the law of the habitual residence.
How to manage an international inheritance?
To manage an international inheritance, different aspects must be taken into account such as the place of residence and nationality of the deceased, whether they had a will, the country where their assets are located, and the country of the heirs. This must be resolved according to the law of the State that is applicable.
If the inheritance needs to be resolved in different countries, the European Certificate of Succession may be used, which as a general rule will be issued by the European Union State where the deceased had their habitual residence. If the habitual residence was in Spain, the authority to issue the European Certificate of Succession lies with the Spanish Notaries.
In the case of non-residents in the European Union, the competent bodies of the EU Member State of which the deceased was a national or of the State where the deceased had habitual residence within the five years prior to their death may issue the European Certificate of Succession. If the relevant State is Spain, the competent Spanish authorities to issue the European Certificate of Succession are the Spanish Notaries.
The role of the Notary in International inheritance
You must make an appointment at a notary for the deed of acceptance of inheritance and, if applicable, the creation of the European Certificate of Succession. This document will help you to expedite the process and obtain better legal certainty in claiming the assets that correspond to the heirs and for the necessary registrations in the records of possible property transfers.
Necessary Documents for International Inheritances
To process an international inheritance before a Spanish Notary, it will be necessary that the deceased person whose inheritance is to be processed had habitual residence in Spain or that if they resided outside Spain, they had opted for Spanish law as the law of their nationality applicable to their succession.
In these cases, at JLA Notarios – Notaria Barcelona, we can help you process your inheritance. And if you need it, due to the absence of a will from the deceased, we can also previously process a declaration of heirs. Furthermore, if afterwards you need to receive assets of the deceased that were abroad, at JLA Notarios we can also process your European succession certificate.
Depending on the cases, more or fewer documents will be needed. You should know that from the notaries we can assist you and facilitate the favourable resolution of your inheritance. In any case, the death certificate of the deceased will be required, their identification data and those of all the beneficiaries of the inheritance. Additionally, for the inheritance deed, documents proving ownership of the inheritance assets will be needed.
The best thing is to consult with a notary so that we can assist you in this process. You should know that at JLA Notarios we can process your international inheritance and your European succession certificate if you can come to sign in person at our notary office on Avenida Diagonal in Barcelona.
Minutes of the European Certificate of Succession
If a succession procedure must also produce effects in another Member State of the European Union other than Spain, Spanish Notaries can issue a European Certificate of Succession. This procedure is optional for those interested and is a service provided by notaries to anyone who requests it. However, to achieve effects in another EU Member State of an international inheritance processed in Spain, it will be necessary to have this European Certificate of Succession.
Thus, once the documentation has been verified and the necessary procedures carried out under the authority granted to them, the Notary will issue the European Certificate of Succession Act. This notarial document will be kept by the Notary and authentic copies of the document will be given to the interested parties so that they can use it in the jurisdiction of the relevant European Union country. Each delivery of an authentic copy will be recorded. Furthermore, the interested parties must take into account its 6-month validity period to carry out the procedures.
The possibility of adding information to this certificate, its modification, or its annulment in case of errors or information that does not correspond to reality must also be considered. If this occurs, the interested parties will receive a communication from the Notary who issued the authentic copy.
What is the European Certificate of Succession?
The European Certificate of Succession is a notarial document that allows the identification of heirs in the countries where the deceased owned assets. It is processed at a Notary's office and is given to the heirs, legatees, or estate administrators by the Notaries with the purpose of proving who they are and exercising their rights in any EU state.
The European Certificate of Succession can only be processed by those who have a legitimate interest and will contain the complete data of the authorised persons. These include, among others:
- Data of the deceased
- Data of the applicant or their representative and their right to the assets
- Information about the spouse or partner of the deceased, other former partners, or prenuptial agreements
- Data of possible beneficiaries and their possible declarations of acceptance or renunciation of the inheritance
- The purpose of the certificate application
- The competent authority handling the succession
- Provisions of the deceased
Other questions related to International Inheritance in Spain
International succession is complex and it is always important to seek advice from specialists such as our Notaries in Barcelona. We will analyse your case and help you to obtain the best benefits. Below, we outline general aspects of taxation on inheritances abroad:
- If the heir resides in Spain and the assets are located in Spain and the deceased person had residence in the European Community, the Spanish Inheritance Tax is paid on all the assets of the inheritance, regardless of whether they are in this country or abroad. The benefits or reductions of the Autonomous Community where the majority of the assets are located may be applied.
- If the deceased had residence outside the European Union, the Spanish Inheritance Tax is paid on all the assets regardless of where they are located. If there are no assets in Spain, the taxes of the Autonomous Community of residence of the heir may be applied.
- If the heir does not reside in Spain and the person had died within the European Union area, having assets to inherit that are located in Spain, taxes are only paid on the assets that are situated in Spain.
When the inheritance is subject to tax in Spain, the Inheritance Tax (ISD) must be declared and settled with the corresponding Spanish Tax Authority. At JLA Notarios, we offer a comprehensive service in matters of inheritance, so if you wish, we can take care of the management and settlement of the inheritance taxes for the estate signed at our notary office.
You should know that the deadline for settling the Inheritance Tax on the estate is 6 months after the death. However, you may extend it by a further 6 months if requested.
After accepting the inheritance, if you reside in Spain and have received assets located in a country other than Spain, you must submit the form 720 for the declaration of international assets every year. The purpose is to inform the Tax Agency of the assets and rights you have become the owner of and those located abroad. Currently, this declaration must be made by you personally or through a manager between 1 January and 31 March each year.
These are agreements signed between Spain and other countries that take precedence over the inheritance regulations of the country and aim to provide advantages in the taxation of inheritances. Each particular case of inheritance must be considered to see if a treaty that avoids double taxation of the assets received by inheritance can be applied.
The Hague Apostille is used to legalise documents internationally, but, in this case, the European Regulation states that it is not necessary for it to be apostilled or legalised. Therefore, with the European succession certificate, a document is obtained that has effect throughout the EU.
The price for processing the European Certificate of Succession, as in the case of other notarial acts, is regulated by the Government and complies with the regulatory framework of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, regulating the Notaries' Fee Schedule). Therefore, all notaries must charge the same fees for the same services, as competition among notaries is based exclusively on quality and speed.
However, the exact price of a notarial document cannot be calculated until its specific content is known, that is, until it is signed, as many circumstances can cause it to vary. The number of copies requested of a document, the number of pages it contains, as well as possible changes or additions, can slightly alter the final price.
If you wish to receive a detailed quote, we invite you to contact us directly through the method most convenient for you. You can do so via the contact form on the main page of this website, through the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com, or by calling us on 93 159 17 62.
The people who have requested the certificate will be the ones who must pay for the certificate at the notary's office.
JLA Notaries, Notaries for International Inheritance Barcelona
In conclusion, the process of international inheritance in a notary's office is a complex procedure due to the study of documents and legislation that must be analysed. Processing an inheritance in Barcelona, as anywhere else, requires a high level of specialisation to be able to complete it in the most appropriate and satisfactory way for those involved.
Thanks to the training and experience of the entire team, at JLA Notarios we provide the most suitable legal solutions in the different areas that affect the individual and their assets, including the process of inheritance in Barcelona, with the aim of being able to advise you free of charge on your enquiries. With a close and cordial approach from the first contact, at JLA Notarios we work dynamically and empathetically, seeking maximum efficiency and the best profitability for each client, addressing the concerns of each person or company in a personalised manner for their complete satisfaction. To this end, at JLA Notarios we apply new technologies in all procedures, minimising visits to the notary and optimising processing times.
Contact our team and book your first consultation at our notary office in Barcelona. If you are a foreigner and need to process an international inheritance, we can assist you in English.
By your side in the moments that matter
Wills and inheritance
Making a will, making a declaration of heirs or awarding inheritance are very important moments in people’s lives.
At JLA Notarios we offer inheritance law services, both to arrange your estate and to divide up inheritance, guaranteeing the best advice for your particular needs while studying the tax implications of each case. We never forget the human factor. We even offer a notary service at home if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Wills and inheritance
Making a will, making a declaration of heirs or awarding inheritance are very important moments in people’s lives.
At JLA Notarios we offer inheritance law services, both to arrange your estate and to divide up inheritance, guaranteeing the best advice for your particular needs while studying the tax implications of each case. We never forget the human factor. We even offer a notary service at home if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
