Advice on Spanish Property Administration – Tailored Advice for Clients in the UK, USA, Ireland, Australia, New Zealand, and Beyond
Managing property from a distance can be complicated at the best of times but when added to unfamiliarity with the local law in Spain the complexity for heirs and other third parties having to deal with Spanish property can be daunting.
Clients need not just legal advice but also hands-on solutions to help them manage or dispose of property which in some case has become a liability.
A wide range of legal and practical challenges can arise in connection with Spanish property—particularly where the owners, heirs, or interested parties are based overseas. These issues commonly affect private individuals, expatriates, trustees in bankruptcy, UK-based charities, and families dealing with inheritance or separation.
Matters that you might encounter in such circumstances include the following:
- The administration of Spanish estates involving cross-border succession
- Disputes between heirs or family members over inheritance or division of property
- The sale or liquidation of inherited or jointly-owned real estate
- Divorce or relationship breakdown where jointly held Spanish assets must be divided
- Debt recovery where Spanish property forms part of a debtor’s estate
In many cases, complexities are heightened due to differences between English and Spanish legal systems. Cross-border succession often raises questions about jurisdiction, applicable law, and tax implications. One recurring issue involves conflicting advice on whether a UK Grant of Probate is required for property in Spain.
Other practical legal matters that frequently arise include:
- Whether a UK Lasting Power of Attorney (LPA) can be recognised in Spain
- How to minimise the number of NIEs (foreigner tax identification numbers) and notarial powers of attorney needed in multi-heir cases
- Structuring private sale agreements to allow inheritance tax to be paid without heirs advancing personal funds
- The negotiation or court-driven extinction of joint ownership (extinción de condominio), often required following inheritance, divorce or protection from financial abuse in cases of dementia.
These challenges are not solely legal but also financial. For example, heirs may find themselves liable for high Spanish inheritance tax (ISD), ongoing community fees, or repair obligations—especially where properties are left unoccupied or fall into disrepair. Some situations may even require creative commercial approaches, such as introducing investors who can assume legal and financial liabilities in exchange for acquiring the property.
In addition, post-Brexit residency restrictions have caused many foreign homeowners to reconsider retaining property in Spain, further complicating decisions around disposal or succession.
Firms like Scudamore Law are experienced in both English and Spanish property, succession, and family law. With over 25 years of cross-border legal experience, they are well-placed to help clients navigate these sensitive and often complex matters with clarity, empathy, and sound judgment.
An expert understanding of both English and Spanish law is also required to achieve the most time- and cost-effective solutions; the opposite is also true. One very frustrated client, a UK charity, came to Scudamore Law after years of delay where it transpired that their previous Spanish lawyer had mistaken the tax applicable by the taxation of a legacy by a non resident charity.
Contact Scudamore Law for Guidance on Spanish Property Challenges
As well as the ability to bring parties together and negotiate an agreement, Scudamore Law knows the importance of taking a commercial approach, shrewd judgment and providing creative solutions for the client. Scudamore Law offers a free initial consultation to discuss your matter and explore practical legal options. https://www.scudamorelaw.com/spanish-property-administration/
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