# legal issues regarding english will in spain



## taradiamnd (Aug 17, 2010)

I am really hoping someone can offer us some help.

My mother and father in law moved to catalonia 4 years ago and are official residents there. They both have english wills. Unfortunately, my father in law passed away in Spain in March this year leaving my mother in law on her own. She wants to sell the property and move back to the uk. 

My father in law leaves everything to her in the will, however, the notary will not accept the English Will. We are having all sorts of issues trying to sort this out! We have had the will officially translated which is what the notary initially wanted. We went to them again and they have now requested an apostille de la haya....I have now got that from the UK legalisation office. The Notary are still not convinced  that this is enough as they have no proof that this is the final will and testemant of my father in law................we cant afford a anglo spanish lawyer and are really struggling with the local legal system. Is there anything else we can expect to be asked for? Has anyone else been in a similar situation and can offer some advice as to what I need to do now.

This is a really stressful time for my mother in law and husband who just want to be back in the UK


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## jojo (Sep 20, 2007)

taradiamnd said:


> I am really hoping someone can offer us some help.
> 
> My mother and father in law moved to catalonia 4 years ago and are official residents there. They both have english wills. Unfortunately, my father in law passed away in Spain in March this year leaving my mother in law on her own. She wants to sell the property and move back to the uk.
> 
> ...



I know very little about wills etc. Altho I think the issue is whether a British will is valid in Spain????????? Spain does have its own rather strange inheritance laws and I think property isnt automatically left to the spouse - its usually the kids I think?? and death duties have to paid prior to the property being sold???!! But this is just bits and pieces I've picked up and may not be accurate

Maybe speak to the British Embassy in Spain, cos you're going to need some conclusive advice and help?????

Jo xxx


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## taradiamnd (Aug 17, 2010)

Thanks Jo, yes, it is a little worrying as after doing afew days research on the intrne, it does seem that most english wills arent valid in Spain.

its proving to be a real nightmare........I have just spoken to the British consulate and all they could do was to tell me to get a solicitor. Admittedly, they were really helpful and gave me a list of people who could help. Trouble is, mother in law has no money or savings to pay their fees until the property is sold. We cant sell the property until we get the paperwork sorted :juggle: Hubbie is sending money over when he can but he's trying to support me and our baby too as I only work part time now. Its all a big mess and understandably, we are all really stressed out by it. 

XXX


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## Stravinsky (Aug 12, 2007)

taradiamnd said:


> I am really hoping someone can offer us some help.
> 
> My mother and father in law moved to catalonia 4 years ago and are official residents there. They both have english wills. Unfortunately, my father in law passed away in Spain in March this year leaving my mother in law on her own. She wants to sell the property and move back to the uk.
> 
> ...


Well the correct way of doing things is to have a Spanish will made up to mirror the UK will. The Spanish will is notarised. In that way when this happens the Spanish will (although it defers to the UK will in relation to who gets what) is used.

I'm afraid you also have to consider Inheritance Tax in Spain. If the house was in both names, and depending where they live, your mother may get away with it. Our neighbours husband passed away and she paid nothing.

But in the event of there being no Spanish will, then you have done what I understand should be done. The will has to be translated in the UK for sure, and I believe it then has to be notarised in the UK at the same time. I'll go away and check


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## jojo (Sep 20, 2007)

taradiamnd said:


> Thanks Jo, yes, it is a little worrying as after doing afew days research on the intrne, it does seem that most english wills arent valid in Spain.
> 
> its proving to be a real nightmare........I have just spoken to the British consulate and all they could do was to tell me to get a solicitor. Admittedly, they were really helpful and gave me a list of people who could help. Trouble is, mother in law has no money or savings to pay their fees until the property is sold. We cant sell the property until we get the paperwork sorted :juggle: Hubbie is sending money over when he can but he's trying to support me and our baby too as I only work part time now. Its all a big mess and understandably, we are all really stressed out by it.
> 
> XXX



I really feel for you! The only options I can think of would be to bring your mother in law over to the UK (would she be eligible for any benefits there???) and possibly try to rent the Spanish house out in the short term or even as a long term family investment??? Selling it isnt going to be easy, even when the paperwork is sorted out as Spain is in a bit of a property crisis right now. 

Again, I'm so sorry that you're going thru this

Jo xxx


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## Stravinsky (Aug 12, 2007)

Here you go:


A foreign will can be used to deal with your Spanish property. The procedure that the heirs must go through to dispose of the Spanish assets is costly, in order to avoid this, it is advisable to make a separate Spanish will.

The Spanish Consul in your home country must legalise a certified copy of the grant of probate, which must be translated into Spanish. The foreign will should be translated into Spanish as well.

Your Spanish Lawyer must be empowered to prepare a list of your Spanish assets in order to pay the inheritance taxes in Spain.

You must obtain a legal certification that the documents provided comply with the laws of succession from your home country. This certification must also confirm that the testator had legal capacity to make a will, that the will is valid and duly proved and that the trustees named are legally empowered to administer the estate. The Spanish Consul shall prepare this certification.

If you have a will in your home country and another in Spain you must ensure that neither contradicts each other.

La desheredación | iAbogado | Abogados en España | Lawyers in Spain


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## taradiamnd (Aug 17, 2010)

Stravnsky, thanks for your reply, very helpful. Is having a will 'apostilled' in UK the same as being 'notarised'? Forgive my ignorance on this one but have finally got the baby to go down for a nap so can concentrate again! 

Jojo, thanks for your reply and symapthy, we have considered renting it out but where they have built their house is miles away from any beaches/touristy areas up in the campo, where not even the locals want to live................! Also, the house isnt connected to any means and its all a bit 'Heath-Robinson' with tempromental generators and water filtration etc. OH is over their trying to fix bits as we speak 

xxx


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## taradiamnd (Aug 17, 2010)

Stravinsky, I appreciate you loking into this for me, Thanks! We must of been typing at the same time, so ignore my last post........... Where did you find this?


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## Stravinsky (Aug 12, 2007)

I just spoke to someone who has experience of this and he commented:



_The English will has to be proven in the UK and go through probate. The certificate of probate has to be legalised by the Spanish Consul in the UK and that has to be translated into Spanish.

A Spanish lawyer has to be empowered to prepare a list of the Spanish assets and sort out the IHT.

You then have to get a Certificado de Ley to confirm that the deceased had the legal capacity to make a will and that the will is valid and confirm that the Spanish law of obligatory heirs does not exist in British law.
_


The link to the info on the previous post is at the bottom of that post


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