Affidavits and Certificates of Spanish Law

A certificate or affidavit of Spanish law is often requested by the probate registry during an application for a grant of representation when the domicile of the deceased is Spain and there is no Will to cover assets in England or Wales.

The certificate or affidavit would need to state the following:

1. The details of the Spanish lawyer preparing the certificate or affidavit being suitably qualified and knowledgeable with respects to the laws of that jurisdiction.
2. Setting out the law of inheritance in Spain with reference to the articles under the civil code.
3.  Stating who is entitled to receive the estate located in England and Wales under Spanish law.
4. Refer to any minority or life interests which may arise.

On receiving a certificate or affidavit, the probate registry should then issue the grant of representation to those entitled to receive the estate under Spanish law.

In addition to affidavits or certificates of Spanish law for probate purposes, there are occasions whereby courts in the UK can request expert reports on foreign law.

Affidavits of Spanish Law Solicitors

Berlad Graham’s consultant solicitor Victoria Westhead is based in Malaga and is admitted to practice in England and Wales and in Spain. She is bi-lingual and advises both British and International clients on a broad range of matters including conveyancing, immigration, Wills and inheritance.

Victoria can assist with providing certificates or affidavits of Spanish law for inheritance matters and these can be provided directly in English. She can also assist with preparing expert reports on Spanish law for court purposes.

She recently provided a report to the Court of Protection on inheritance law in Spain as requested whereby the UK-based beneficiary did not have capacity.

If you require a certificate, affidavit or report of Spanish law, or would like further information, please call 0330 175 5655 or email info@bglaw.co.uk.