Hi everyone

I'm looking for some advice really. I shall try and be brief...

Around 12 years ago my father ran away to Spain (Fuengirola) with his girlfriend. He subsequently passed away just over 6 years ago. He owned a property in Fuengirola as well as a house he co-owned in the UK with his wife (my mum, they were still married when he died).

His UK probate included the Spanish property. He had a UK will and a Spanish will. The UK will left everything to myself and my sister, though there was a stipulation that his girlfriend could reside in the property in Spain until she died or married. The Spanish Will only dealt with the property in Spain and made no mention of this clause and left it to myself and my sister.

Now it gets difficult. So, of course, my Dad had an affair and left for Spain with his girlfriend, then died a few years later and left this clause in the Will, which meant we (his family) had to deal with his girlfriend (which was very hard as it broke my mums heart - she was also not mentioned in his will and they had been married over 40 years). Anyway we asked for all his paperwork and personal belongings and she said there were none (he was meticulous about paperwork), and we tried to get her to agree to leave the apartment after 5 years as we all agreed (including her) that that would be enough time for her to move on.

Again, trying to be brief, she was there a little longer than that, and when we got the apartment back, the water was cut off, the electricity was cut off, she owed a couple of years community charge and the apartment was gutted - smashed to bits all fixtures and fittings removed - ripped out etc very sad. In fact the only way we knew she had gone was the presidente of the building told us, she refused to speak to us or reply to letters or anything so we had to make random trips over to see if she had left yet.

Ok, so... as we have no documentation at all relating to the property, aside for some bills and the girlfriend wouldn't help/respond or anything at all. We are now trying to sort things out.

I have called the water and they need proof of ownership to switch it back on, we have nothing, the electricity (Endesa) is looking a bit more promising.

We have not gone through Spanish Probate, so it all begins now, and we need to know where to start (my dad died in 2010) at the moment both myself and my sister live in the UK. I presume I need a notary or some kind of legal help to sort the probate out before we can move forward.

Any help would be appreciated.

Thanks

Rich

Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

Asking for and, more importantly getting correct legal advice on any forum is fraught with dangers. You'd be unwise to take any advice offered ( with respect to any contributors) but would be wise to take proper legal advice from a qualified lawyer who understands inheritance laws in the circumstances as you describe.
This sounds a complicated and sad situation, so good luck and best wishes.

Biffta



Sad story but as you suggest the OP really should do exactly as you say

Really sorry for your situation. NO brainer, you will get nowhere without a Solicitor. Although Andalucias' Inheritance laws are amongst the most generous, theres the question of relationship to the deceased, residency status of beneficiaries etc. etc, a minefield that could take years to sort without help, certainly until after Brexit, when you may no longer be an EU Citizen, which again could (only could, nothing is known as yet!) be a problem under IHT rules. Hope I've said enough to convince you and save you a mental breakdown trying to deal with the Spanish legal system yourself.


Fortunately, you will have access to English speaking Solicitors in the CdSol I should imagine. Choose one carefully, hopefully an official one based on recommendation, but NEVER one who is linked to any other interested party in any way OR suggested by a 'helpful' estate Agent or something. Just all the usual things you would do in the UK, just be a bit more wary please. Also, would NOT suggest you use a 'Gestor', definitely a qualified Solicitor.


Good luck to you.

This is a link to a list of British Govt approved lawyers in Spain. Scroll down to the relevant area and download the list in Word format - https://www.gov.uk/government/public...ist-of-lawyers

There must be a central register for title deeds surely?

yes always...notarios

Thanks for all your advice. I shall start with finding a solicitor.

Why don;t you ask the notary where the deeds are

I presume it will be in Madrid. The issue is that I need to get the deeds changed over and i have no documentation and live in England...

You could begin by requesting an up to date copy of the registered title of the property from the Spanish Land Registry. You can do this online at registradores.org, it is called a “Nota Simple” and costs about 10 euros.


The Nota Simple will tell you the Notary who dealt with the purchase and he should have the original contract (escritura). He may be able to tell you the soliciitor who acted. The Nota Simple will also list any debts attaching to the property. This is important as in Spain registered debts pass to the new owner. In the absence of receiving an inheritance tax return the Spanish tax office may well have registered a charge against the property in respect of unpaid taxes.


I would not say it is complicated to the solicitor, he may charge you more. You are just a bit late.

Hi

OK, I have this document now, I presume this guy is the notary:

TITULO: Adquirida por COMPRAVENTA en virtud de Escritura Pública, autorizada por el/la notario/aDON JOSÉ ANTONIO BURGOS CASERO

Would I be correct in assuming that?

Many thanks

Rich

Yes, that is right.

If your father was still married with your mother, it's her job to inheritance. Anyway, in these cases it is best to treat them with a lawyer who will advise you.