How the role of an executor differs in Spain vs the UK
When writing your will in the UK, one of the first things you’ll need to do is choose your executors. An executor is the person responsible for carrying out the instructions in your will, managing your estate, and ensuring everything is distributed as you’ve outlined. By law, you must appoint at least one executor, but you can choose up to four to share the responsibilities.
Most people appoint their children or close relatives as executors. These are the individuals who will handle everything from your property and finances to your personal possessions once you’ve passed away. But in Spain, things work a little differently.
Looking to write a will in Spain?
If you own property in Spain, you might be considering making a Spanish will. Having a will in the country where your assets are located can help simplify the inheritance process, reducing delays and avoiding potential complications. Or perhaps you’ve recently lost a loved one in Spain and you’re now trying to understand how to manage their estate.
Even if you’re not familiar with the differences between Spanish and English probate law, knowing the essentials can help you make informed decisions and ensure everything is handled as smoothly as possible. At Gascón Bernabéu, our English-speaking solicitors are here to guide you through every step, providing clear advice and support no matter where you are in the world.
What is an albacea and how is it different from an executor?
In Spain, the person responsible for carrying out a will is called an albacea. While it’s similar to an executor in the UK (and a direct translation of the word), the role comes with different responsibilities. Unlike UK executors, who take control of the deceased’s assets to manage and distribute them, an albacea in Spain does not take physical ownership of the estate. Instead, their role is mainly to oversee the process and make sure everything is divided fairly, following the wishes laid out in the will.
Having an albacea isn’t as common in Spain as appointing an executor is in the UK. It’s usually only done for more complex wills or where there might be disagreements between heirs. The person named as the albacea can also choose not to take on the role – they have six days to decide if they want to accept it. If they decline, the heirs can handle the process themselves.
It’s also important to know that if an albacea puts property in their own name, and they’re not a direct heir of the deceased, even if they plan to share it later, they could face significant tax problems. Spanish tax authorities could recognise them as the owner of the estate, leaving them stuck with a much higher tax bill than the heirs would have. This is why the role of an albacea is designed to be administrative – they guide the process without taking ownership of the assets themselves.
Responsibilities of an Albacea in Spain
The main responsibility of an albacea is to ensure that a deceased person’s wishes are followed as laid out in their will. This includes managing funeral costs and making sure the deceased’s belongings are given to the right beneficiaries. The albacea also keeps everyone updated throughout the process.
On top of that, they ensure everything is done legally, which may sometimes mean going to court if necessary. The albacea also handles any debts the deceased might have, and works to collect any money owed to them. Finally, the albacea manages the estate, which could involve selling the property if necessary until everything is properly distributed according to the will. However, it’s worth noting that the albacea can only sell a property if they are authorised to do so by the heirs.
If you have any further questions about making or understanding your role in a Spanish will, feel free to reach out to our team for a no obligation consultation. At Gascón Bernabéu, our English-speaking solicitors are here to help you with everything from navigating the complexities of estate management in Spain to writing a will.
If you need any help or have questions about anything related to estate administration, don’t hesitate to reach out to us.
We’ll be happy to assist you. You can reach us by filling out the contact form on our website, sending us an email at info@gbabogados.co.uk, or by giving us a call directly on +44 (0)20 3137 1320.