Uk estate, Spanish inheritance tax

My English father died in the uk this year and his estate is all in the uk. I am English but a Spanish resident. Therefore I am liable for Spanish IHT at the national rate although the will is being totally executed in the Uk. Seems v unfair but this is correct?

Secondly, I have read that the European Commission has refered Spain to the European court of justice as its IHT is cosidered discrimotary, especially against non residents. Is there any information on this, as I cant find anything on the web.

Thanks for any help

Hello Zeppelin,

Even if you are residing outside the UK, you need to declare your income tax in Spain, so if you inherit assets in the UK or anywhere else, you will still have to pay IHT in Spain. However, I recommend you to make a consultation with a fiscal advisor in the UK that can confirm what is the process from their end.

I do not have any information about the European Commission having referred Spain to the Courts for its IHT, but I can certainly confirm that EU official bodies have approved regulations to unify the criteria of Inheritance Law in other EU countries. See the Successions in Europe website.

Regards,