Inheritance Lawyer in Cartagena
Your inheritance lawyer in Cartagena.
Our guide to handling an inheritance with assets in Spain. Whether you are the named heir under a Spanish or foreign will, or the executor, we can help you through the whole procedure.
Why You Need an Inheritance Lawyer in Cartagena
We handle the entire process .
Preparing a Spanish inheritance takes time, because several documents must be legalised and translated before they can be used here.
The six-month rule. Spanish tax obligations must be met within six months of the date of death — whether or not there is any tax to pay. Late filing carries surcharges even on a nil return.
From our offices in Cartagena and Hacienda del Álamo we handle the entire process, including everything that requires presence in Spain.
The documents you need:
Before the Notary can grant the deed of adjudication (Inheritance Deed), it must be established who the heirs are — and that means finding out whether a will exists. We request a certificate from the Register of Last Will Acts, which records all wills granted before Spanish notaries. To obtain it we need the death certificate from you; a copy of any Spanish will makes it simpler.
We will also need: the deed of the property (Escritura) and the last IBI receipt, certificates of balance for current accounts and any investments in Spain, at the date of death, vehicle documentation, where applicable and the balance of any loans or debts outstanding at the date of death.
Legalisation, Translation and Probate
With your documentation we request the Certificate of Last Will Acts, legalise and translate the UK death certificate through the Apostille of the Hague Convention, and prepare a valuation of the estate with a calculation of taxes, notary and registry costs.
Where there is no Spanish will, the first steps are the same — we must still prove none exists — and UK citizens must also obtain Probate and the Grant of Representation. Where there is no will at all, the legal heirs must be determined and every resulting document translated and legalised. A certificate of law may also be needed, proving the law of the deceased's country has been correctly applied.
This is exactly why we advise clients to make a Spanish will: a simple procedure at home becomes complicated once documents have to travel between two jurisdictions.
We prepare the documentation and the valuation of the assets, and instruct the Notary to draw up the deed of inheritance adjudication. A deed is always required where there is real estate, since ownership must be changed at the Property Registry. Otherwise a private document plus payment of the taxes is usually enough to release bank balances.
Do You Need to Travel to Spain? The Power of Attorney
The whole process can be handled without you coming to Spain, provided you grant a Power of Attorney. It lets us apply for a NIE for any heir who lacks one (required to file the taxes), sign the deed on your behalf, and deal with banks and public bodies — access that today, under data protection rules, is only possible where we formally represent you.
We do not prepare general Powers of Attorney, and our advice is not to grant one to anyone else: in 99% of cases most of the powers included are unnecessary. Ours contains what is needed for the work you entrust to us, and nothing more.
Inheritance Tax and Registration Handled by Your Inheritance Lawyer in Cartagena
We help you in the whole process.
Where there are accounts or deposits, the full documentation goes to each bank, whose legal department checks it and releases the funds. We then: prepare and pay the Inheritance Tax (Impuesto de Sucesiones), notify the City Council and settle the plusvalía (IIVTNU), present the deed at the Land Registry and change the owner at the Cadastre, so the IBI is issued in the new owner's name and set up direct debits for IBI and utility bills.
Can the Bank Block the Account? What Heirs Need to Know
Three things to know.
When a bank learns of a client's death it is obliged to hold the funds until the Inheritance Deed is granted — even where no tax is payable. Three things to know:
- Joint accounts: the block can only apply to 50% of the balance at the date of death. You may withdraw the other half, and it is normal to do so and open a new account.
- If the bank blocks everything: call us, it is the quickest route. Failing that, speak to the branch director, take their name, and file a report at the Police Station or with the Guardia Civil for attempted misappropriation.
- Direct debits continue: water, electricity, telephone and taxes charged to the account are unaffected.
How long does this process take?
The process usually takes four to six weeks. We then meet to hand over the documentation for the registered property — the property title — and settle the budget, returning any excess or collecting any difference. Notary and registry fees are estimates, so there may be a small adjustment.
If you are not in Spain, we e-mail a copy of everything and hold the originals until you can collect them.
Tell us about your situation.
We do not work for developers or estate agents. Our only client in the transaction is you.
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