We help registered charities optimise the benefit from legacies of assets left to them in Spain.
We take into account the moral and reputational considerations to which charities are subject
We represent registered UK, Irish and other foreign charities in probate proceedings in Spain, advising on Spanish taxation of charitable legacies and assisting with the sale of the property and the distribution of the proceeds.
We advise on Spanish succession law and issues such as the compulsory heirship rights reserved to children and spouses of the deceased, which may reduce the amount of the legacy. When representing charities’ interests, we take into account the trustees’ duty to protect the charity’s assets and to act in its best interests, as well as the moral and reputational considerations to which charities are subject. Sensitive to the stringent accounting, disclosure and reporting requirement incumbent upon charities and legacy officers, we routinely advise on issues of liability assessment, entitlement and measurement of legacy income.
Scudamore Law acts in contested probate proceedings before the Spanish courts in cases involving disputes as to domicile, claims of undue influence or lack of mental capacity, or the enforceability of foreign Wills.
We represent you in dealings with notaries, banks and land registrars concerning issues of foreign law posed by the succession, as well as with practical matters such as the location of assets, negotiations with the other heirs or claimants, payment of Spanish inheritance tax and the final distribution of the Spanish property to the beneficiaries or sale and division of the proceeds.
We advise on Spanish taxation of gifts to foreign charities, gains accruing after the date of death, property and other taxes, and assist with the recovery of withholding tax paid to the tax authorities.