Richmond Probate Services

28/05/2026

📄⚖️ LOST YOUR ORIGINAL WILL?

Always keep a copy of your Will in a safe place. Even where the original Will is lost, an application can sometimes be made to the High Court to allow a copy Will to be admitted for probate.

But where there is no copy at all, the estate may end up being treated as an intestacy — meaning the deceased’s wishes may not be carried out.

🖊️ A simple copy could make all the difference.
📂 Store your important documents safely.

Estate Planning, Wills, Probate,Inheritance, ProtectYourFamily

17/05/2026

The most common IHT mistakes people make.

📌 Thinking that there is such a thing as a common law spouse when it comes to IHT. If you are not married or in a civil partnership you will not inherit each others assets tax free.

📌 Giving away too much early on and not being able to fund your retirement.

📌 Making gifts without considering risks, such as the recipient getting divorced and losing half the gift. Use pre-nuptial or post-nuptial agreements to protect life time gifts.

📌 Retaining benefit from a gift. For example, giving away a holiday home but continuing to use it – this would mean it would still be included in your estate for inheritance tax and could be subject to 40% tax.

04/05/2026

UK wills part 1.

Get a proper valuation.

Valuing assets in an estate when someone dies is essential. These valuations will be used by HMRC to assess any inheritance tax due.

Valuations can also be used to calculate any capital gains tax (CGT) owed at a later date. When assets are inherited their value for CGT is reset at the market value of the owners death. It means that beneficiaries are not taxed on historical gains, only on the increase since they inherited it.

Getting the initial valuation wrong - for example on an inherited property - can lead to an unnecessary CGT bill when the property is eventually sold, because HMRC will believe that a gain has been made on the asset.

19/04/2026

Wills Part 2.

The next question is, which national law should be applied to distribution of the deceased’s assets? For deaths that took place prior to August 2015, Spain would always apply law of nationality (i.e. for an English deceased, English law will be applied to distribution of his estate).

However, for any death that has occurred after August 2015, the situation has become slightly more complicated. Spanish law now dictates that for all Wills, the testator must specify whether he wishes for his national law to apply, or alternatively the law of the country in which he is making a Will (in the case of Tenerife, Spanish Law). If the testator fails to specify that choice in the Will, then the local law will apply by default. This new rule applies even if the Spanish Will was made some time ago, so anyone who made a Spanish Will prior to August 2015 is strongly advised to review the Will and update it if necessary.

Once the applicable law has been ascertained, the entitled beneficiaries specified by that law must contact all asset-holders and obtain certificates and valuations, following which they can proceed to apply for probate, then make the necessary Inheritance Tax Return Declarations and then distribute or re-register the assets. We say ‘beneficiaries’, because an Executor (Administrador / Albacea) is not a legal requirement in a Spanish Will. They are usually only appointed where the deceased’s estate is particularly complicated (e.g. extensive business interests) or where a family feud over the assets is anticipated.

It should also be noted that the Inheritance Tax Declarations must be filed and paid individually by each beneficiary (unlike in the UK, where tax is paid on the entire estate before distribution). The tax calculation differs person to person, as it is calculated on a formula based on the beneficiary’s proximity of relationship to the deceased and even the beneficiary’s existing personal wealth (e.g. where there are two sons sharing the estate 50/50, a millionaire son will pay more inheritance tax than a destitute son).

This is obviously different to other countries such as in the UK, where we file an Inheritance Tax Return for the entire estate and pays any applicable tax as a fixed percentage on the whole estate.

Given that each beneficiary must be actively involved in a Spanish probate application (unless they expressly revoke), this can generate far more paperwork and bureaucratic steps. Each beneficiary must give any acting lawyer copies of various documents plus a Power of Attorney to act on his or her behalf and must be able to pay any applicable Inheritance Tax upfront before receiving their share of the assets.

As a result we strongly advise clients making a Spanish Will to think about the effect of their proposed wishes as far as possible so as to take into account the availability of beneficiaries and their ability to deal with such administration or payment of tax.
For more information or assistance with making a Probate Application, or in making or reviewing your Spanish or English Wills, contact us – 30 years of experience in all these potential scenarios.

07/04/2026

Wills Part 1

So a relative or friend has died in Tenerife. But how do you sort out the paperwork and administer their estate?

The first step is to obtain the Death Certificate (Certificado de Fallecimiento). This will typically be issued to the next-of-kin promptly following the death where there are no complications.

If issued in Spain, the Death Certificate will obviously be available in Spanish, although the standard version contains a European language translation, which is generally accepted throughout the EU.

However, if the death occured overseas (e.g. in the U.K.) The death certificate will be issued in the language of that country. To be accepted in Tenerife, it must then be apostilled/legalised in the country of death and then officially translated into Spanish.

The next step is to establish if the deceased left any Will(s) in any other country. Spain has a Registry of Wills, so searching for a Spanish Will is fairly straightforward. The resultant ‘Certificado de Ultimas Voluntades’ will reveal if there is any Spanish Will and if so, which Spanish notary is holding the original.

Any Spanish Notary can apply for the certificate upon production of the correct form of Death Certificate plus the original I.D. of the person applying and confirmation of the ‘first/given’ names of the deceased’s two parents.

Once the Certificate of Last Will has been obtained in Spain, it will reveal whether a Spanish Will exists. If so, the relevant notary holding the original Will can be contacted and the Will released. Alternatively, if no Spanish Will exists, but there is a foreign Will which on its wording, is capable of administering assets in Spain, then Spanish probate can proceed using that foreign Will, but only AFTER first obtaining probate in that other country.

Also, when using an English or other foreign Will, The resultant English or other Probate Certificate will have to be legalised/apostilled in that country and officially translated into Spanish before the application for probate in Tenerife can commence.

Locating any foreign Will (e.g. in the UK) may be more tricky as many people do not voluntary register their Will with the voluntary ‘certainty.co.uk’ Registry. The next of kin or friends might already know the answer to that question. Otherwise, it may involve a thorough search of the deceased’s personal papers, safes or security deposit boxes.

Another potential complication is where one country’s Will inadvertently revokes or limits a Will made in another country. This is surprisingly common, despite the Wills typically having been prepared by supposedly qualified lawyers. A quick check of all Wills made by the deceased is therefore highly recommended before proceeding with an application for probate in any country.

If, as is recommended the deceased left a separate valid Will in each country that he or she held assets and there are no clashes between those Wills, then separate probate applications can commence independently and immediately in each relevant country, without waiting for completion of probate in any other country.

The National Will Register is trusted by the public and legal professionals to register and search for wills in the UK.

04/04/2026

UK IHT

Deeds of Variation

This is a highly underused but extremely effective inheritance tax efficient measure. It is a legal document that alters how a person’s estate is distributed after they die, and allows someone who inherited from the estate to give away some, or all, of their share. This allows the inheritance to skip a generation.

Also, by using a deed of variation you can transfer into a discretionary trust. Essentially, this means that you can still benefit from the funds you have inherited. For example, you could give a property to your children but continue to live there rent free until you die.

Crucially, any deed of variation must be made within two years of the death and any beneficiaries can only change there share of the inheritance, not anyone else’s.

29/03/2026

Municipality/Town «Plusvalía»

There is another tax to be paid in inheritance acquisitions, which is a council tax commonly called “plusvalía”.

It is paid only on the value of the land for urban property, whether built on or not, so includes buildings that are intended for non agricultural purposes, and land to be build on, or developed, always with non agricultural purposes.
If it is a shared building, it will tax the proportional share of the ground area of each individual flat.
It is based on cadastral records, within the registry of property of “Naturaleza Urbana”
This registry shows, clearly differentiated, the ground value “valor del suelo” (value of the land) the “ valor de la edificación” ( value of the building), and the “ valor catastral” ( the total value which is the sum of both) .
In the annual cadastral receipt of IBI (Annual Council Tax over immovable property) these data appear clearly differentiated.
The plusvalía is charged only over the sum that appears on the “ valor del suelo”.
Remember that, if the asset was shared between the deceased, and his or her partner, the tax is to be charged only on the deceased’s part which is going to be acquired by succession

How much? To calculate the tax for each beneficiary you must enter in the calculator the amount of “ valor del suelo” that represents the beneficiary’s individual share of the asset.

Who?The tax is to be paid by each beneficiary of any single assets over the amount of his or her individual share over the asset.
If the deceased was married, no tax is to be charged if the asset is to be allocated to the widow or widower in the liquidation of the matrimonial property regime.

Where?: In the local Tax offices of the Council where the immovable property is located.

When? The information to liquidate the tax ( date of purchase by the deceased, date of death, referencia catastral, beneficiaries’ details) must be provided to the council within six months of the date of death.
Until there is proof that this information has been given to the council the asset will not be recorded in the Land registry in the benficiaries name.

26/03/2026

Estate Planning Opportunities

The virtual elimination of inheritance tax in the Canary Islands for most families opens up powerful estate planning strategies.

Strategic Lifetime Gifting
Parents and grandparents can now transfer assets to children or spouses during their lifetime with negligible tax consequences.
This allows for a gradual transfer of wealth, such as helping a child buy a property.
Remember, while gift tax is reduced, other taxes like Capital Gains Tax may still apply to the donor.

Preserving Family Businesses And High-Value Assets
The 99.9% rebate, combined with other generous deductions for the transfer of a family business, makes succession planning far more straightforward.
High-value assets like property portfolios can be passed down without being eroded by tax, preserving your legacy for generations.

Cross-Border Wealth Structuring For Non-EU Residents
International families, particularly those from the UK or US, can use various structures to optimise their position.
This could involve adjusting property ownership, using joint ownership, or making a Spanish will to ensure heirs can fully benefit from the Canary Islands’ rules and avoid double taxation.

The Importance Of A Spanish Will
For anyone owning property in the Canary Islands, having a Spanish will is highly recommended.
It simplifies the inheritance process immensely, saving your heirs time, stress, and money.
A Spanish will can work alongside your will in your home country and ensures your assets are dealt with efficiently.

Step-By-Step Process For Heirs Claiming An Inheritance In The Canary Islands
Even with almost no tax to pay, the legal process must still be followed correctly.
1. Obtain the Death Certificate: This is the first step. If the death occurred abroad, you will need a legally translated and apostilled copy.

2. Request a Certificate of Last Wills: This Spanish certificate confirms if the deceased left a will in Spain.

3. Locate and Verify the Will: A Spanish will simplifies the process. A foreign will must be legalized, which adds time and cost.

4. Gather Documentation: Heirs will need their passports, Spanish NIE numbers (mandatory), property deeds, and details of bank accounts and debts.

5. Sign the Inheritance Deed: A Spanish notary drafts the Escritura de Herencia, which formally details the assets and their distribution. All heirs must sign this.

6. File the Inheritance Tax Declaration (Modelo 650): This is mandatory, even if no tax is due. It must be filed within six months of the date of death (an extension is possible).

7. Settle Other Taxes and Fees: You will still need to pay local property transfer tax (Plusvalía Municipal) and fees for the notary and Land Registry.

8. Register Assets in Your Name: The final step is to use the inheritance deed to formally transfer property, bank accounts, and o

20/03/2026

With Currencies Direct Spain – I just got recognised as one of their top fans! 🎉

15/03/2026

Wills
If you have property in Spain and property (or even just a large bank account) in the UK, then it is strongly recommended that you prepare a Will in both countries. For more information please contact us.
Have you already made a Spanish Will? Due to changes in European legislation since 2016, it is strongly recommended that you review the provisions of your Spanish Will to ensure that it states which national laws you wish to apply to your estate upon death. Failure to do so may result in the Spanish rules of estate distribution overriding your intended beneficiaries and changing how your estate is distributed. For more information, please contact us.
Have you reviewed your English Will upon or after making a Spanish Will, or vice versa? In many cases, making a Will in one country can inadvertently affect or even cancel the contents of a Will in another country. When making a Will for you, we will carry out a free review of your existing Wills to ensure that there are no clashes.
Without a Will, the assets of the estate must be distributed in accordance with inflexible statutory rules (Intestacy Rules), leading to increased uncertainty, often contrary to what the deceased would actually have wanted.
Making a Will can simplify matters for surviving relatives and friends. A properly drafted Will can also remove uncertainty and in many cases, avoidance or minimising of inheritance tax. A well drafted Will can also help to avoid potential disputes between family members or beneficiaries.
At least one Executor must be appointed within the Will (or at least two where you have minor children). This is the person (or persons) that you wish to administer your Will and carry out your wishes. The Executor(s) may or may not receive any gift under your Will at your discretion (Beneficiaries).
UK Inheritance tax will be charged at 40% on all assets in excess of the £325,000 limit (2019-2020 tax year). There are also additional property exemptions of an additional £150,000 per person, depending on the circumstances. Also bear in mind that Inheritance Tax may be payable in more than one country on the same assets, often subject to a double-taxation relief. Tax can also often be minimised by careful Estate management planning.

15/03/2026

With Tenerife Property Group – I just got recognised as one of their top fans! 🎉