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Dealing with a Spanish Inheritance from London

Published April 2025 · 10 min read · By International Inheritance Spain

London is home to hundreds of thousands of people with direct family ties to Spain. Whether a parent retired to the Costa Blanca, a grandparent left property in Mallorca, or an aunt held a Spanish bank account, managing a Spanish inheritance from London is an increasingly common challenge — and one that most people have no idea how to handle when the moment arrives.

The good news is that the entire process can be managed from London, without travelling to Spain, through a combination of remote document handling and a properly granted power of attorney. Here is exactly how it works.

Your First Week: What to Do Immediately

The most important thing to understand is that Spain imposes a six-month deadline from the date of death for filing the inheritance tax return. Surcharges of 5% to 20% apply if you miss it — and interest accrues on top. So the first week matters.

In the first seven days, you should:

• Obtain the death certificate (if the person died in the UK, apostille it)
• Contact a Spanish inheritance lawyer — initial consultations are free
• Locate any documents the deceased held: property deeds, bank statements, insurance policies, a Spanish will
• Do not transfer or touch any Spanish bank accounts — this can complicate the process

Signing the Power of Attorney at the Spanish Consulate in London

You do not need to travel to Spain to grant a power of attorney. London has a Spanish consulate with a notarial service that can witness your signature on a Spanish poder notarial (power of attorney). The consulate is at 20 Draycott Place, London SW3 2RZ.

Important points about using the London consulate:

• Appointments fill up quickly — book as early as possible
• The consulate can certify your signature but cannot draft the full power of attorney — we send you the pre-prepared document to take with you
• You need your passport and the form we provide
• Consular fees apply (typically around €30–€60)
• Alternative: sign before a UK notary and obtain an Apostille from the Foreign, Commonwealth and Development Office

Once we hold the power of attorney, we handle the entire process in Spain on your behalf — you will not need to travel at any point.

The NIE Number: Your Spanish Tax Identification

Every heir must obtain a Spanish Número de Identificación de Extranjero (NIE) — a tax identification number used in all dealings with the Spanish authorities. Without it, you cannot sign the deed of acceptance or pay inheritance tax.

NIE applications in London can be made at the Spanish consulate or through us remotely. The NIE process takes one to three weeks, so it should be started immediately after the death.

What Assets Are Typically Involved

For London-based heirs of Spanish estates, the most common assets are:

• Coastal property — apartments or villas in Andalucía, Alicante, the Balearic or Canary Islands
• Spanish bank accounts — often with Santander, BBVA, CaixaBank or Bankinter
• Spanish shares or investment funds — especially if the deceased was resident in Spain
• Life insurance policies — these pass separately from the will and may name heirs directly

We search all relevant Spanish registries to ensure nothing is missed — including the Land Registry, the Insurance Registry, the DGT vehicle registry and the AEAT tax authority.

Post-Brexit: Which Law Applies?

Since 1 January 2021, UK nationals are outside the EU Succession Regulation 650/2012. This means:

• Spanish law (lex situs) applies to Spanish immovable property regardless of where the deceased lived
• The Spanish forced heir rules (legítima) cannot be avoided through a UK will alone
• If the deceased was a UK national resident in Spain without a Spanish will, Spanish succession law governs who inherits

Inheritance Tax from London

Spanish inheritance tax is assessed based on where the assets are located and the relationship between heir and deceased. As a non-resident UK heir, you are entitled — following the ECJ ruling of 2014 (still applicable under Spanish domestic law as extended to non-EU nationals) — to claim the most favourable regional tax rules. In regions like Andalucía (home to the Costa del Sol), this means close relatives often pay no inheritance tax at all.

There is no UK-Spain inheritance tax treaty. However, if you pay Spanish inheritance tax and your UK estate is liable to UK inheritance tax on the same assets, the double taxation position needs careful management. We coordinate with your UK advisers.

Timeline for a London-Managed Spanish Inheritance

• Week 1–2: Contact us, gather documents, apply for NIE, grant power of attorney
• Week 3–6: We search registries, obtain death certificate / will certificate, prepare inventory
• Month 2–4: We prepare the inheritance deed, calculate taxes, obtain bank valuations
• Month 4–6: File inheritance tax, sign deed at notary, register assets
• After month 6: If more time is needed, we apply for an extension before month 5