Managing an inheritance in Australia with heirs in Spain, or an inheritance in Spain with heirs in Australia, requires identifying the applicable law, gathering certificates and documents, obtaining apostilles and translations, determining the competent court or notary, paying taxes in each jurisdiction, and formalizing the estate distribution and registration. Below you will find detailed steps, required documents, deadlines, tax obligations, and FAQs to facilitate the cross-border inheritance process.
If you are wondering, How to manage an inheritance in Australia? follow these steps and check the quick table of documents and deadlines.
Table of Contents :
- Steps
- Documents and Deadlines
- Taxes
- Distribution and Registration
- Frequently Asked Questions
Steps
- Applicable Law and Will: Identify the deceased’s habitual residence and the applicable Australian legislation; review the will and testamentary provisions.
- Documentation: Gather certificates (death, last will), inventory of assets, apostille, and sworn translations if required.
- Notary or Court & Representation: Determine the competent authority in Australia; manage powers of attorney for remote representation.
- Taxation: Calculate inheritance taxes in Australia, potential capital gains, and review double taxation agreements with Spain.
- Distribution and Registration: Draft the acceptance/partition deed or court resolution and register assets in Australia and Spain if applicable.
Documents and Deadlines
| Document | Issued by | Location | Apostille/Translation? | Approx. Deadline | Approx. Cost |
|---|---|---|---|---|---|
| Death Certificate | Civil Registry / Vital Records | Country of death | Yes, if foreign | 3–10 days | €10–30 |
| Last Will / Testament | Notary / Court | Australia / Spain | Apostille + translation if required | 3–15 days | €20–60 |
| Asset Inventory | Entities / Registries | Each country | Depending on document | 1–4 weeks | — |
| Hague Apostille | Competent Authority | Issuing country | — | 1–10 days | €20–60 |
| Sworn Translation | Certified Translator | — | — | 2–7 days | €0.08–0.15/word |
| Acceptance/Partition Deed | Notary / Court | Australia / Spain | According to annexes | 1–3 weeks | €300–1,200 |
Taxes
- Inheritance tax in Australia: varies by state; some states do not apply it.
- Capital gains: if assets have increased in value in Australia.
- Foreign country: local inheritance tax depending on the deceased’s/resident heirs’ situation.
- Double taxation: review treaties between Australia and Spain or rules for exemption/imputation.
Sources:
Useful sources: Australian Taxation Office, AEAT, BOE, EU Regulation 650/2012.
Distribution and Registration
- Acceptance/partition deed or court resolution with inventory and allocations.
- Registration in Australia and Spain if applicable.
- Remote representation: powers of attorney and legalizations as needed.
Frequently Asked Questions {#faq}
How to manage an inheritance in Australia?
Identify the applicable law, gather certificates, legalize and translate documents, determine competent notary or court, pay taxes in each country, and formalize distribution and registration. Review steps and the document table above.
How do I manage an inheritance in Australia?
Follow these steps: applicable law → documents (certificates, apostille, translations) → notary/court → taxes (Spain and Australia) → deed/resolution and registrations.
What documents do I need (certificates, apostille, translations)?
Death certificates, last will, asset inventory, apostille, and sworn translations if the documents are foreign.
Where do I pay taxes if there are assets in two countries?
In Spain (ISD and capital gains if applicable) and in Australia according to local law and double taxation agreements.
Can I manage everything remotely?
Yes, using powers of attorney and legalizations. The competent authority usually accepts representation.
Conclusion :
Managing an inheritance in Australia can be complex due to legal and tax requirements across countries. To ensure everything is done correctly, it is best to seek professional help. Therefore, I recommend consulting Grupo Hereda, specialists in international inheritance, who can guide you step by step safely and efficiently.
References / Legal Sources
- Australia-Spain Double Taxation Agreement
- Australian Taxation Office – Inherited Property and CGT
- Pointon Partners – International Inheritance & Wealth Planning Issues
- Australian Taxation Office – Inheritance Tax in Australia
- Asquith Legal – EU Succession Regulation 650/2012 (Germany/Australia)
GRUPO HEREDA
Grupo Hereda is a law firm with extensive experience in this sector, with over 25 years of practice. We work throughout Spain. If you have an inheritance in Andalusia and don’t know where to start, talk to us—we work all over Spain.
If you find yourself in a complicated situation, don’t give up. Contact us, and we will find a personalized solution for you. Call us! (+34) 915 487 550 or send an email to info@grupohereda.com.
