Have you inherited property in Tenerife? Inheritance in Tenerife: Step-by-Step
If you have inherited property in Tenerife, you are probably facing one of the inheritance scenarios explained below. In Traducciones Juradas Tenerife™ we are familiar with inheritance issues and can help you arrange your inheritance matters here in Tenerife; as certified translators based in Tenerife (north of tenerife and south of Tenerife) we have years of experience and a network of lawyers specializing in inheritance matters (inheritance lawyers) and advisors ready to assist if necessary.
I. The decedent made a Will in Tenerife
If you have inherited property in Tenerife, this is in fact a very good scenario as it will save time, money and worries. There are many positive things about making a Will in Tenerife; to get more information on this you can read our article about Making a Will in Tenerife (how to make a Will in Tenerife north or south) or you can contact us directly and we will be happy to assist throughout the process.
The first thing to do in this case: the beneficiary/heir must gather these three documents:
- Original Death Certificate. If the testator died in Spain there should be no problem. If the testator died in the United Kingdom, you need to get this document translated by a ‘Traductor Jurado’ in Tenerife (sworn translator). Please note that the Apostille seal of the Hague Convention must be affixed.
- Certificate of Last Will. This document can be obtained from the Ministry of Justice in Madrid. This document confirms there is no other Spanish Will.
- Notarised copy of the testator’s Spanish will, which you can get from the Notary Public where the testator made his/her Will.
Once you have all three documents above, it is time to draft the Deed of Inheritance Acceptance (‘Escritura de Aceptación de Herencia’) which has to be witnessed by a Spanish Notary Public. With this deed you are now able to file and pay the applicable death duties.
After you sign the Deed of Inheritance Acceptance you have 30 working days to pay inheritance tax (Form 650). Please note that you need to change the ownership of property at the Land Registry. This is an important point as the change of ownership enables you to sell on the property.
II. Deceased has only a UK Will (no Spanish Will).
In this case, you will need to find a traductor jurado in Tenerife who shall be in charge of officially translating all the documents you need. For a rough estimation on how much this would cost, you can always contact us.
Grant of Probate – How to get your Grant of Probate, Tenerife
You must first get what is known as a Grant of Probate. You will probably need to contact a UK Solicitor who will act on your behalf, or contact us for assistance. Please not that this document has to be officially translated into Spanish by a sworn translator and must have the Apostille seal affixed so that it is valid in Spain. You can get your documents apostilled from Tenerife; contact us to get your documents apostilled from Tenerife.
For this scenario, follow the same steps as outlined above in section “I” for a Spanish will.
Intestacy – Deceased Dies without a Will
If the deceased is English, Welsh or from Ireland (north or south), his/her heirs must appoint a solicitor, in order to get a Grant of Letters of Administration. If the deceased is Scottish, a Scottish solicitor must be appointed to get the ‘Confirmation’ in Scotland.
Please note that this document must also be officially translated into Spanish by an official translator (‘traductor jurado’). If your are looking for a traductor jurado in Tenerife South or North, just contact us.
For this scenario, follow the same steps as outlined above in section “I” for a Spanish will.
To get help for inheritance matters in Tenerife contact us. If you need to translate your will, death certificate/grant of probate and you need someone to assist you with your inheritance matters, just contact us.
