My FIL and his wife moved to Spain about 3 years ago. Sadly, my FIL contracted cancer not long after moving there and passed away in December. He left no will, no life insurance. There is a mortgage on the property and his wife is now going round in circles to try and get the house on the market so she can move back to the UK.
She was previously told she came under UK law but her lawyer cousin has now said that as there is no property in the UK, she comes under Spanish law and my FIL 2 sons are classed as heirs so, my FIL half of the property now passes to my husband and BIL.
We want to renounce our inheritance so it all goes to my FIL wife and have spoken to the Spanish consulate. We have to submit a power of attorney form so we can make an appointment with them. But we are being asked to supply details of our representation and we do not have any.

Its all such a mess and I was wondering if anyone can give some advice as my FIL wife is being given the run around and has already spent money on legal and translated letters. She says that 3 months have passed, the bank accounts are frozen and if it not sorted within the next 3 months, we will all be liable for fines?

Sorry for the long winded bumbling post but we don't seem to know what we are doing and are really worried that we are going to be liable for a mortgage that we didnt even know about.

Many Thanks

I dont know much about the inheritance laws in Spain, but I do know that they are horrendous, totally different from the UK and dont seem fair. You need legal advise from a Lawyer/Abogado who understands spanish inheritance laws. Have you tried the British consulate in Spain???

Jo xxx

I'd agree with above, but you could try this link, they have legal brains there that seem to answer questions quite quickly. Nothing to do with site, and no idea how good the info is, but it seems OK, and perhaps they could point you in the right direction. It's free, and free advice is not always the best, but it may help you, I think here in this forum, most people would be guessing.
http://belegal.com/forums/forumdisplay.php?f=17

I'm not sure that I agree about them being unfair - I thought 50% went to the wife and 50% went to any children. That seems fair to me.

.... even if its a 2nd marriage ?? But I didnt mean just that, theres so much more to it than just sharing out the property !!!!

Jo x

and the lesson for today is, make sure you have a UK will for your Uk property/goods and a Spanish one for Spanish stuff.

yes agreed but our primary concern is that we are going to be given a debt we had no knowledge of. As far as we were concerned, when they moved out there, they had it all under control and no mortgage and we are very much the victims in this situation

Also, we are not in Spain, we are in the UK. We are currenlty awaiting an appointment with the Spanish consulate to see where we stand

If people come under spanish law for inheritance, it means that a certain percentage has to go to the "herederos forzosos, the ones that cannot be excluded for a will. ie children. I think it is 2 thirds must be for the children.

If you dont want your inheritance, I believe it can be renouced, but í am sure that all the taxes would have to be paid, when it is passed down, and then paid again when passed onto the wife, if it is possible after all that rigmarole.

I did not know about coming under Spanish law if you do not own a property in the UK, and I am sure it will come a a shock to many, as it did to me, who have sold up, and moved to Spain.

If they suddenly find they are under Spanish Inheritance laws, especially on second marriages, then they will need advice now, to avoid any future problems.

It sounds a right old pickle anyway it is looked at.

It would never be that simple.....

A UK will will suffice, no need for a Spanish one at all.

There is no will at all in this case.

That is simply not true!

If you are resident in Spain then your estate comes under Spanish law and they may well choose not to accept a UK will if it goes against Spanish law!


It is ALWAYS best to have both if you have 'properties' in both countries.


This can be quite a complex area to try and minimize taxation so always seek professional advice. If you are not careful, you could end up paying both UK inheritance tax AND Spanish succession tax!

True, but very unlikely unless one of the"hereditory" beneficiaries is disinherited and chooses to contest it in the Spanish courts.

sorry to interrupt but the whole Will debate in this case is irrelevent. There is no will for UK or Spain. There is no UK property and all heirs agree to want the entire estste to go to the spouse

Send a PM to SueG on here as she is able to provide the correct legal advice.

Rosemary