Help required

Old Jan 22nd 2013, 11:27 am
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I posted in another thread and someone kindly said to post here, here goes, we brought our dad and his wife back from Spain due to ill health and no money they were in an awful state, sadly both were too ill and passed away, there was an English will where my brother-in-law is executor and mainly the grandchildren inherit a small sum each and expenses paid to executor, we appointed a Spanish solicitor and she has dragged her heels over months, the house was sold at a huge loss but most belonged to the loan company, she has now told us that all the beneficiaries have to attend together in Spain, all the grandchildren will get around £500 each going down by the day and with no accommodation there its not viable for them, my brother-in-law has spent out around £7,000 with expenses and funeral costs, is it true that they all have to go? I read that they can get a form from Spanish consulate and appoint someone to go for which it is in Brother-in-Laws interest to do and he is the executor anyway. Its a total shambles as regards the Solicitor I do believe she is ripping everone off, am I right, please can anyone help we are at our wits end???
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Old Jan 22nd 2013, 11:36 am
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As Concierge for the Spanish section of BE I would like to say hello and welcome.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

As far as I am aware they will all need to have an NIE number in order to gain their inheritance. The legal side of things do seem to take a long time here. Hopefully someone will be able to give you some suitable advice.

Please let me know if you need any further help.

Rosemary
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Old Jan 22nd 2013, 12:15 pm
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What a nightmare! Do you know anyone in Spain who you could give power of attorney to act on behalf of the heirs?

Might be an idea to talk to someone at the British Embassy in Spain. There is some information here on what they can do.

http://ukinspain.fco.gov.uk/en/help-...ings-go-wrong/
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Old Jan 22nd 2013, 12:25 pm
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Thankyou but no-one for us in Spain. My brother-in-law has power of attorney, at another cost Solicitor now she says not of any use still all have to go out there, every time my brother-in-law gets something sorted Solicitor says more needed, got to the point where the grandchildren on our side have said they will decline their inheritance if it will help, really wearing my very patient brother-in-law down, and had to borrow money from his family to cover what they have already spent out. we do not have any so we cannot help.
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Old Jan 22nd 2013, 12:38 pm
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You are experiencing what a lot of us complain about all of the time with any paperwork here in Spain, you jump through the hoops and more hoops appear. I know that this will not help you but wanted to reassure you about the length of time that it is taking. When my father died, he had no house just a few investments and a bank account, UK will, he lived in the UK, family all lived in the UK so no problems just straightforward paperwork and yet it took 14 months to be finalised.

My advice is to contact this member http://britishexpats.com/forum/member.php?u=53497 and ask her what options you have. I and other members have always found her advice to be straightforward and honest.

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Old Jan 22nd 2013, 12:47 pm
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Default Re: Help required

Originally Posted by Rosemary View Post
You are experiencing what a lot of us complain about all of the time with any paperwork here in Spain, you jump through the hoops and more hoops appear. I know that this will not help you but wanted to reassure you about the length of time that it is taking. When my father died, he had no house just a few investments and a bank account, UK will, he lived in the UK, family all lived in the UK so no problems just straightforward paperwork and yet it took 14 months to be finalised.

My advice is to contact this member http://britishexpats.com/forum/member.php?u=53497 and ask her what options you have. I and other members have always found her advice to be straightforward and honest.

Rosemary
I think you were very unlucky with your experience of your father's estate, Rosemary. My father died in July 2007 in the UK, and his estate went through probate and was finalised, including the sale of his house, all bank and building society accounts and insurance policies, before Christmas of that year. My brother and I, being the executors, did all that was necessary without using a solicitor except for the conveyancing.

By contrast, the sister of our late friend who inherited his house in Spain is still waiting for matters to be finalised (she paid the inheritance tax liable within 6 months of his death) and it will be the second anniversary of his death in March this year. She is using the same lawyer who handled the house purchase for him, who appears to be useless. It seems to be a real lottery!
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Old Jan 22nd 2013, 1:04 pm
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Originally Posted by Lynn R View Post
I think you were very unlucky with your experience of your father's estate, Rosemary. My father died in July 2007 in the UK, and his estate went through probate and was finalised, including the sale of his house, all bank and building society accounts and insurance policies, before Christmas of that year. My brother and I, being the executors, did all that was necessary without using a solicitor except for the conveyancing.

By contrast, the sister of our late friend who inherited his house in Spain is still waiting for matters to be finalised (she paid the inheritance tax liable within 6 months of his death) and it will be the second anniversary of his death in March this year. She is using the same lawyer who handled the house purchase for him, who appears to be useless. It seems to be a real lottery!
Our family used a solicitor for my fathers estate and I think that is where the problem was because they do not react in the same way as we do regarding our own affairs.

I have just realised that my own experience here in Spain is relevant to Gartan.

My husband died in July last year, we have a Spanish house, bank, will etc nothing in the UK and I am the beneficiary, so no problems, clear cut. The change over of everything to my name on the house and bank account are still being processed so even the most basic unproblematical estate seems to take a long time.

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Old Jan 22nd 2013, 1:18 pm
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Unfortunately what you have been told is correct albeit that the Inheritance can be accepted by virtue of a Power of Attorney which can be prepared in Spain in Spanish and English and sent to a Notary in England for the inheritors to sign. They will also need NIE numbers. If dealt with this way the inheritors will not need to come to Spain.

This is something that my firm deals with on a regular basis and if you wished to contact me at the firm I can certainly see what I can do to help and point you in the right direction.
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Old Jan 22nd 2013, 2:29 pm
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Hi Sue, and others thankyou all. Sue is the Power of Attorney costly we have been told it will be plus the Notary costs in UK, I did look into the NIE Numbers and my brother-in-law was told that all of them will still have to go to Spain, We do need help but there are no more funds here, family have been bled dry,my brother-in-law has even borrowed money from his family to pay some of the bills, dad and Sandies (his wife) money is sitting in Spain, they came home with nothing so family has had to pay for everything.
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Old Jan 23rd 2013, 8:03 am
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Default Re: Help required

You can do a power of attorney in the UK which, if I remember correctly, has to be notarised and stamped by the Spanish Embassy. So, just one person can come to Spain armed with the P of As from the other parties involved.

Slightly off topic - who can be an executor of a Spanish will? My lawyer told me that it had to be a lawyer or perhaps he said it´s normal for it to be a lawyer. Anyway he´s the executor of our family´s various wills but as I´ve now discovered that he´s the chocolate teapot variety of lawyer (and, I mean the expensive Swiss stuff) I want to break all ties with him. I´d prefer to name a trusted private party as executor who could them employ a lawyer for any legal issues. Is that possible?
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Old Jan 24th 2013, 9:44 am
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Originally Posted by dairymaid View Post
You can do a power of attorney in the UK which, if I remember correctly, has to be notarised and stamped by the Spanish Embassy. So, just one person can come to Spain armed with the P of As from the other parties involved.

Slightly off topic - who can be an executor of a Spanish will? My lawyer told me that it had to be a lawyer or perhaps he said it´s normal for it to be a lawyer. Anyway he´s the executor of our family´s various wills but as I´ve now discovered that he´s the chocolate teapot variety of lawyer (and, I mean the expensive Swiss stuff) I want to break all ties with him. I´d prefer to name a trusted private party as executor who could them employ a lawyer for any legal issues. Is that possible?
Executors are not normally required in Spanish Wills as it is expected that the family deal with all matters. In my firm we normally give our clients a choice to either have an Executor or not - quite often we as a firm are made Executors as we are (except me!) all Spanish fluent speakers and can deal with the banks, notaries etc etc. on behalf of the beneficiaries. If you wish to remove your existing Executor you must realise that new Wills will have to be made - no such thing as codicils!
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Old Jan 24th 2013, 9:47 am
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Originally Posted by dairymaid View Post
You can do a power of attorney in the UK which, if I remember correctly, has to be notarised and stamped by the Spanish Embassy. So, just one person can come to Spain armed with the P of As from the other parties involved.

Slightly off topic - who can be an executor of a Spanish will? My lawyer told me that it had to be a lawyer or perhaps he said it´s normal for it to be a lawyer. Anyway he´s the executor of our family´s various wills but as I´ve now discovered that he´s the chocolate teapot variety of lawyer (and, I mean the expensive Swiss stuff) I want to break all ties with him. I´d prefer to name a trusted private party as executor who could them employ a lawyer for any legal issues. Is that possible?

We prepare Powers of Attorney signed in England on a regular basis. We prepare the Powers in English and Spanish and then they need to be signed in front of a Notary Public nearest to where the client lives. The Notary will then have the document apostilled in Milton Keynes (legalised) and then returned to Spain. We have never had any problems dealing with matters in this way under Powers of Attorney.
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Old Jan 24th 2013, 10:36 am
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Thankyou Sue I believe Richard spoke to you this morning a great weight off our and especially his and Janes minds. Thankyou again.
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Old Jan 24th 2013, 11:18 am
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Originally Posted by Gartan View Post
Thankyou Sue I believe Richard spoke to you this morning a great weight off our and especially his and Janes minds. Thankyou again.
Thank you kindly!! We do what we can to help
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Old Feb 8th 2013, 2:13 pm
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Hi All I am the poor brother in law, I have been out and seen Sue and her friendly group I have to say they are brill, my issues are being sorted quick visit to the police station for my NIE and then to the notary. They have taken a great load off my mind and have taken over the work my last useless solicitor thought impossible. I highly recommend them to you all.
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