Re: Spanish Inheritance
 

Hi
Has anyone actually used an English will in order to inherit Spanish based property and/or land. Keen to find out the fine details on how to go about this e.g. does the case have to go in front of a Spanish judge, and how long it will take and what certificates etc are required from England. I realise that we shall have to employ a Spanish solicitor but in my experience it is best to go in fully informed of what is required rather than being ignorant of Spanish inheritance law.

Re: Spanish Inheritance
 

Been looking into the legal situation and combined with the reply posts looks like we have two options:
1. use the English Will: but will have to obtain probate in England and have the English Will and Probate certificae translated, then we can produce all to the Spanish Notary to have all assetts signed over. This route is expensive and can take a long time.
2. go to the Spanish court without the English Will, and since their is no valid Spanish Will either, use the Spanish intestacy succession laws which leaves all assetts to the children of the deceased.

Not sure if we could just go to the Spanish Notary for option 2. which would be cheaper and easier.

Re: Spanish Inheritance
 

But there is a valid English will and so you cannot "pretend" that the deceased has died intestate!

Re: Spanish Inheritance
 

In this case could intestate mean no valid Spanish will

Re: Spanish Inheritance
 

AFAIK, dying intestate means dying with no valid will at all. It matters nor where the will was made, as long as there is a valid will, that has to be the one used, wherever.
If you read any websites re probate etc in Spain, you will see that as regards assets in Spain, the preferable option is to have a valid Spanish will (plus a UK will, if applicable). The next preferred option is to have just a UK will, the least satisfactory (in terms of costs and time) is to have no will at all. Your situation falls into category 2.

Re: Spanish Inheritance
 

Thanks for that.
I'm thinking we could just go to court and tell the judge we have an English will but cannot afford the cots involved in obtaing probate in England plus all the other documenst required. There is a caveat in place at the probate office in England for this will so we would have to go to the High Court to get a ruling which is very costly and takes a long time