Question: I desperatly need help. I have sold my property in Spain and need to go to the notary 29/05/07, but the problem is my husband passed away nearly 2 years ago and our property was in both names. He did not have an english will or a Spanish will, but I went to probate and everything in our joint names came to me.
My solicitor in England has given me a letter to proove this. So do I take it to an official translater and then to the notary or do my 3 sons have to give me power of atterny to change the property into my sole name or what? I desparetly need to know as soon as possible.
Thank you.
Answer: In order for you to sell the property in Spain first of all you need to deal with the acceptance of inheritance in Spain. Once the property is in the correct names then you will be able to sell the property. This is because the half that belonged to your husband is still officially in his name.
Unfortunately the letter that your UK lawyer has given you is unlikely to be sufficient for the purposes of transferring the property into your name so that you can sell the property.
The Notary in Spain is likely to require further documentation before he will allow you to sign a “Deed of Acceptance of Inheritance” in Spain. These will include a translated copy of the Death Certificate, Grant Of Letters of Administration and possibly a Certificate of Law – all translated into Spanish and legalised. I suggest that you speak to a lawyer as quickly as possible as you are incurring fines and interest for late payment of Spanish Inheritance Tax.
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