Inheritance

Obtaining a Grant to an estate in England & Wales where the deceased died domiciled abroad

Affidavit as to Spanish Law

Generally, when an application is made to a UK probate office for a Grant of Representation or Grant of Probate and the deceased was not domiciled in the UK then it is the practice of the Probate Office to request an Affidavit as to Spanish Law.

The Affidavit as to Spanish Law must: –

  1. be sworn by a person fully conversant with the law of the country of domicile
  2. set out how the person is qualified to give expert evidence of the country of domicile
  3. set out who is beneficially entitled to the estate of the deceased under that system of law and whether any minority or life interest arise.

Regulations for obtaining an English grant for a foreign domiciled deceased are set out in rule 30 of the Non-Contentious Probate Rules 1987.

Rule 30 – Grants where deceased died domiciled outside England and Wales

(1) Subject to paragraph (3) below, where the deceased died domiciled outside England and Wales, a registrar may order that a grant do issue to any of the following persons—

(a) to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled; or

(b) where there is no person so entrusted, to the person beneficially entitled to the estate by the law of the place where the deceased died domiciled or, if there is more than one person so entitled, to such of them as the registrar may direct; or

(c) if in the opinion of the registrar the circumstances so require, to such person as the registrar may direct.

(2) A grant made under paragraph (1)(a) or (b) above may be issued jointly with such person as the registrar may direct if the grant is required to be made to not less than two administrators.

(3) Without any order made under paragraph (1) above—

(a) probate of any will which is admissible to proof may be granted—

(i) if the will is in the English or Welsh language, to the executor named therein; or

(ii) if the will describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the will, to that person; and

(b) where the whole or substantially the whole of the estate in England and Wales consists of immovable property, a grant in respect of the whole estate may be made in accordance with the law which would have been applicable if the deceased had died domiciled in England and Wales.

Malaga Law Solicitors, authorised to practice law in both Spain and in the United Kingdom, has acquired unique expertise in this area and can assist in: –

  • witnessing the swearing of an Executor Oath
  • applying for and obtaining an English Grant of Probate or Grant of Representation
  • providing the required Affidavit as to Spanish Law
  • arranging translation of all Spanish documents into English
  • arranging legalisation of Spanish documents by affixing of the apostille stamp in accordance with The Hague Convention of 5th October 1961.