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-   -   Any Experts On Spanish Wills ? (https://britishexpats.com/forum/spain-75/any-experts-spanish-wills-929505/)

Yorick Nov 25th 2019 3:42 pm

Any Experts On Spanish Wills ?
 
My dad lived here in Lanzarote for 30 years and he died in March. His evil missus has nicked our inheritance. I'll explain further...

He always told us that that the villa here, which he bought would come to us 3 boys when he died, but she could stay there to see her days out. He always said "she put f**k all in, and she's getting f**k all out".

About 4 years ago he made a new will, leaving her his money, so that she wouldn't struggle. We were happy with that and he repeated the above sentiment ;)

2 of us brothers live here and are residents and the other is in Leeds. Dad never married her.

After he died we were surprised that we didn't hear anything about the will, and none of us 3 lads liked her anyway.

So we got a facilitator to help us get the will. Wooooooo. We found out that the will in 2015 had been superseded by a new one in June last year. He was cuckoo by then and barely knew what day it was. He was 87, had dementia and many tiny strokes.

She'd sneaked down to the notary office (???) and made him sign a new will, leaving everything to her. With a clause saying that they wanted the will to be subject to the laws of the country of their nationality. UK. Bugger :( I have the copy of the new will.

She doesn't need the house money and needs somewhere to live. And she has plenty of money. She wants it for her kids.

After we saw the new will, a mutual pal who is also a facilitator told us that she asked him to help, but he refused saying that it was dodgy and wouldn't go through, due to his mental state.

We're talking €250k so hardly an insignificant amount.

We're not sure where to go next. We will get proper legal help, but would appreciate any help now.

Can we get the will revoked due to his mental state ? Or perhaps on a technicality ?

Thanks in advance

lurchio Nov 25th 2019 4:23 pm

Re: Any Experts On Spanish Wills ?
 
With respect, the only Expert you need is a Qualified Solicitor fully experienced in Spanish Inheritance, Wills etc. This is a complex issue.
Get it from the horses mouth.

Well intentioned as we all are here, its a biggie!

snikpoh Nov 25th 2019 4:23 pm

Re: Any Experts On Spanish Wills ?
 

Originally Posted by Yorick (Post 12769427)
My dad lived here in Lanzarote for 30 years and he died in March. His evil missus has nicked our inheritance. I'll explain further...

He always told us that that the villa here, which he bought would come to us 3 boys when he died, but she could stay there to see her days out. He always said "she put f**k all in, and she's getting f**k all out".

About 4 years ago he made a new will, leaving her his money, so that she wouldn't struggle. We were happy with that and he repeated the above sentiment ;)

2 of us brothers live here and are residents and the other is in Leeds. Dad never married her.

After he died we were surprised that we didn't hear anything about the will, and none of us 3 lads liked her anyway.

So we got a facilitator to help us get the will. Wooooooo. We found out that the will in 2015 had been superseded by a new one in June last year. He was cuckoo by then and barely knew what day it was. He was 87, had dementia and many tiny strokes.

She'd sneaked down to the notary office (???) and made him sign a new will, leaving everything to her. With a clause saying that they wanted the will to be subject to the laws of the country of their nationality. UK. Bugger :( I have the copy of the new will.

She doesn't need the house money and needs somewhere to live. And she has plenty of money. She wants it for her kids.

After we saw the new will, a mutual pal who is also a facilitator told us that she asked him to help, but he refused saying that it was dodgy and wouldn't go through, due to his mental state.

We're talking €250k so hardly an insignificant amount.

We're not sure where to go next. We will get proper legal help, but would appreciate any help now.

Can we get the will revoked due to his mental state ? Or perhaps on a technicality ?

Thanks in advance

I'm sorry for what's happened.

I'm by no way an expert but I can't see how any of that can be altered. The only issue is whether he was in a sound state to write the new will. I suspect this would be almost impossible to prove and extremely expensive.

Mustard Nov 26th 2019 7:57 am

Re: Any Experts On Spanish Wills ?
 
Just a few comments on the price of making a will. I recently made a UK will for my UK assets with a UK solicitor.
Price £ 180

Then I wanted to make a will for my Spanish assets.. I was interested in a UK will as I wanted to be able to appoint an Executor. The Spanish equivqlent is an Albacea but they don't have the same powers. A British solicitor in Spain (from the list recommended by the British Embassy) quoted me 700€. No thank you!

Finally, just yesterday, I drew up a Spanish Will with a local Notary for just 38€. He insisted that the Will HAD TO include a clause stating that Rules of Spanish succession would apply as it was due to residence and you couldn't choose. (A new European Law he said). I told him he was mistaken but in the end, as I have no children or living parents, I can leave the money to who I want anyway. So I just accepted it as it's difficult to argue with people like that. As ever in Spain it depends who you ask!

snikpoh Nov 26th 2019 11:04 am

Re: Any Experts On Spanish Wills ?
 

Originally Posted by Mustard (Post 12769746)
Just a few comments on the price of making a will. I recently made a UK will for my UK assets with a UK solicitor.
Price £ 180

Then I wanted to make a will for my Spanish assets.. I was interested in a UK will as I wanted to be able to appoint an Executor. The Spanish equivqlent is an Albacea but they don't have the same powers. A British solicitor in Spain (from the list recommended by the British Embassy) quoted me 700€. No thank you!

Finally, just yesterday, I drew up a Spanish Will with a local Notary for just 38€. He insisted that the Will HAD TO include a clause stating that Rules of Spanish succession would apply as it was due to residence and you couldn't choose. (A new European Law he said). I told him he was mistaken but in the end, as I have no children or living parents, I can leave the money to who I want anyway. So I just accepted it as it's difficult to argue with people like that. As ever in Spain it depends who you ask!

Hmmmm. your notary was completely wrong.

Also, you can't leave it to who you want. Even without children, there are strict guidelines.

Fred James Nov 26th 2019 11:16 am

Re: Any Experts On Spanish Wills ?
 
Assuming that you do not have the special clause in your will, if there are no children, parents, or spouse, the estate can be left to anyone.

scot47 Nov 26th 2019 11:17 am

Re: Any Experts On Spanish Wills ?
 
Get legal advice from a lawyer. Not here.

Yorick Nov 26th 2019 11:18 am

Re: Any Experts On Spanish Wills ?
 

Originally Posted by scot47 (Post 12769820)
Get legal advice from a lawyer. Not here.

Yup, will do. Just wanted some ideas as food for thought.


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