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Spanish Probate & Will Issues

Spanish Probate & Will Issues

Old Oct 26th 2015, 5:50 pm
  #1  
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Default Spanish Probate & Will Issues

Hi

I am new to the site and would very much appreciate advice on the following. I will try and be as brief as I can....

I am co-executor with my father's wife on his will.

He had lived in Spain for 20 or so years before he died (2/1/15), after moving from the UK, it was his permanent home, he had all his assets there and had no intention to return.

He made a will in Gibraltar in 2001, with no specific clause stating UK laws to apply and he had no spanish will.

Small fixed sum legacies have been left to all 3 children including myself and to a grand child and his sister (totalling £32k) with the remainder to his wife, however currently the total estate is supposed to be £22k (most of which is half share of a property with his wife), excluding the plot of land share (see below, which is approx £25-30k, but doubt this is anywhere near market value).

Originally the spanish authorities wanted probate in the UK to be done (as earlier UK will was in play at that time), but Catalunia have accepted that it can be done in Gibraltar instead as it is seen as a UK will (or so I am told?) prior to probate in Spain being completed.

I have been asked to sign an affidavit proving it is the last will and that the estate value is correct. This states his domicile as England & Wales which doesn't seem right to me and nor does the estate include the sum paid by his step son to his wife for my father's half share for a plot of land shortly before he died. I have not been provided with any supporting documentation as yet which I have requested, including bank statements, as my Dad had dementia and his wife was sole signatory before he died.

My queries are:
Surely his domicile is Spain?
Without a spanish will is he deemed to have died intestate in Spain?
If so, what impact do these both have, if any?
Without the clause re UK laws applying, would spanish succession rules apply?
If I sign an affidavit that turns out to be incorrect, what is my position if someone contests the will?
And as executor presumably I am obliged to carry out his wishes and can only contest (if I choose to), after probate is complete?
Are my obligations as an executor different in Gibraltar or Spain versus the UK?
If there is any residue, would my step mother pay any tax as my understanding is she wouldn't but she keeps saying she will have to pay 20%
How do I know it's the last will?
What are the power of attorney rules in Spain - can this be actioned once the person has lost mental capacity?

This is not as brief as I wanted it to be, but hopefully all the key facts are covered.
I would be very grateful to be able to benefit from everyone's vast knowledge on such matters!

Many thanks
Maddy

Last edited by Maddyd; Oct 26th 2015 at 5:53 pm.
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Old Oct 26th 2015, 7:17 pm
  #2  
dmu
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Default Re: Spanish Probate & Will Issues

Originally Posted by Maddyd
Hi

I am new to the site and would very much appreciate advice on the following. I will try and be as brief as I can....

I am co-executor with my father's wife on his will.

He had lived in Spain for 20 or so years before he died (2/1/15), after moving from the UK, it was his permanent home, he had all his assets there and had no intention to return.

He made a will in Gibraltar in 2001, with no specific clause stating UK laws to apply and he had no spanish will.

Small fixed sum legacies have been left to all 3 children including myself and to a grand child and his sister (totalling £32k) with the remainder to his wife, however currently the total estate is supposed to be £22k (most of which is half share of a property with his wife), excluding the plot of land share (see below, which is approx £25-30k, but doubt this is anywhere near market value).

Originally the spanish authorities wanted probate in the UK to be done (as earlier UK will was in play at that time), but Catalunia have accepted that it can be done in Gibraltar instead as it is seen as a UK will (or so I am told?) prior to probate in Spain being completed.

I have been asked to sign an affidavit proving it is the last will and that the estate value is correct. This states his domicile as England & Wales which doesn't seem right to me and nor does the estate include the sum paid by his step son to his wife for my father's half share for a plot of land shortly before he died. I have not been provided with any supporting documentation as yet which I have requested, including bank statements, as my Dad had dementia and his wife was sole signatory before he died.

My queries are:
Surely his domicile is Spain?
Without a spanish will is he deemed to have died intestate in Spain?
If so, what impact do these both have, if any?
Without the clause re UK laws applying, would spanish succession rules apply?
If I sign an affidavit that turns out to be incorrect, what is my position if someone contests the will?
And as executor presumably I am obliged to carry out his wishes and can only contest (if I choose to), after probate is complete?
Are my obligations as an executor different in Gibraltar or Spain versus the UK?
If there is any residue, would my step mother pay any tax as my understanding is she wouldn't but she keeps saying she will have to pay 20%
How do I know it's the last will?
What are the power of attorney rules in Spain - can this be actioned once the person has lost mental capacity?

This is not as brief as I wanted it to be, but hopefully all the key facts are covered.
I would be very grateful to be able to benefit from everyone's vast knowledge on such matters!

Many thanks
Maddy
Hi and welcome to the Forum, but sorry it has to be such a delicate subject to begin with.
You'd do best to post again on the Spain forum (or maybe a Mod can move your post which is a bit long to type again). If no one has ever been in the same position to advise, then you'd best consult a lawyer specialised in Spanish/European Inheritance Laws.
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Old Oct 26th 2015, 7:53 pm
  #3  
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Default Re: Spanish Probate & Will Issues

Thanks dmu....I have re-posted it to the Spain section. Thanks a lot for the advice.
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