Affidavit of law for a Spanish inheritance
An affidavit of law (also called a certificate of law) is the document that proves, before a notary or a court, what the law applicable to an estate actually says. In cross-border successions it is often the document that unlocks the whole process.
What an affidavit of law is
It is a statement, usually signed by a lawyer, that explains and certifies the content of a law: for example, what Spanish succession law provides for a court in the UK, or what the deceased’s national law says for a Spanish notary dealing with the estate.
When you will be asked for one
- A Spanish notary needs to know the national law of a deceased foreigner.
- A probate in the UK, Ireland or the US needs proof of Spanish law over a property located in Spain.
- A foreign registry or court asks how heir status is determined under Spanish law.
EU Regulation 650/2012 and the affidavit of law
Since 2015 the EU Succession Regulation sets the applicable law: as a rule the law of the deceased’s country of habitual residence, unless they chose their national law (professio iuris). The UK, Ireland and Denmark stayed outside the Regulation, so for estates with a British or Irish connection the affidavit of law remains essential to bridge both systems.
Who signs it and how we do it
It is signed by a lawyer with proven knowledge of the law in question. At Testamentalia we prepare the certificate of Spanish law for proceedings abroad and arrange its sworn translation and apostille. It is part of our affidavit service for Spanish inheritances.
Is an affidavit of law the same as a certificate of law?
Yes. Both terms describe a sworn statement about the content of the applicable law.
Who signs the affidavit of Spanish law?
A Spanish lawyer with proven knowledge of the matter. We prepare it for proceedings in the UK, Ireland, the US and other countries.
Does it need a sworn translation and apostille?
To take effect abroad it usually needs a sworn translation and, depending on the country, legalisation or apostille. We handle the whole chain.
Do you need an affidavit for an inheritance?
Free first consultation. We tell you exactly which document you need and handle the whole process from start to finish.
Coordinates cross-border probate on the Costa del Sol: affidavits, certificates of law, sworn translation and apostille for resident and non-resident heirs.
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