# Hello



## tinarina (Dec 10, 2008)

Hi, my name is Christina and I am from the UK (Warwick area). I am currently living in Lo Pagan, Murcia though we moved to Spain over 6 years ago...am retired and recently lost my husband of 35 years.


----------



## Stravinsky (Aug 12, 2007)

tinarina said:


> Hi, my name is Christina and I am from the UK (Warwick area). I am currently living in Lo Pagan, Murcia though we moved to Spain over 6 years ago...am retired and recently lost my husband of 35 years.


Hi Tina
We moved here from Bishops Itchington and used to be around Warwick & Leamington Spa quite a lot
So sorry to hear about your husband 

Strav


----------



## tinarina (Dec 10, 2008)

Hi Strav, thank you for your message.

I'd like to ask the forum members if they have any knowledge about the procedure after a death, regarding the UK will...who I need to engage regarding the impuestos, that sort of thing. Not sure if this has already been covered, or where to post the questions though..


----------



## Stravinsky (Aug 12, 2007)

tinarina said:


> Hi Strav, thank you for your message.
> 
> I'd like to ask the forum members if they have any knowledge about the procedure after a death, regarding the UK will...who I need to engage regarding the impuestos, that sort of thing. Not sure if this has already been covered, or where to post the questions though..


OK, well tell you what, I'll move you to the Spanish forum


----------



## Stravinsky (Aug 12, 2007)

Here we are
Again, sorry for your loss, I didn't realise it was so recent.

You need to engage a solicitor to look after this for you obviously. As I understand it from a neighbour who recently went through this, it is most likely that there will be no IHT, it just depends on how your personal financial details have been set up. All _their_ taxable assets etc were here in Spain. Was there a UK and Spanish will, reflecting each other?


----------



## tinarina (Dec 10, 2008)

Thank you for moving this, Strav!

The will that my husband set up in the UK, left everything to me, and upon my death everything went to our son. Of course, since moving to Spain we have no assets whatsoever in the UK...our apartment here in Spain is in my name, so that will not be included in his estate. Most of our bank accounts are in joint name, apart from one that was in his name only, and the only other item that was in his name alone is our car...

My son says he doesn't want anything, I expect he knows he'll get it all anyway when I finally go 

I,ve scoured the web trying to find out some information, and what I'd come up with was that here in Spain the descendants come first in the absence of a Spanish will and the assets are split between us. The beauty of this scenario is that we are *each* entitled to an allowance before any tax is paid...whereas if I go to the trouble of getting the English Will translated, and signed by whoever (?) in the UK, this could cost quite a lot of money...so I'm not sure which is the best way forward?

I do speak a little Spanish, but not really enough to cover all that a Spanish solicitor might need me to do...my son is fluent so no problem there. It would be good if I could locate a solicitor who spoke some English in our vicinity..so if anyone knows of one in say, San Pedro Del Pinatar, Pilar De La Horadada, Los Alcatraz or thereabouts that would be great..

Thanks in advance, Tina


----------



## Stravinsky (Aug 12, 2007)

tinarina said:


> Thank you for moving this, Strav!
> 
> The will that my husband set up in the UK, left everything to me, and upon my death everything went to our son. Of course, since moving to Spain we have no assets whatsoever in the UK...our apartment here in Spain is in my name, so that will not be included in his estate. Most of our bank accounts are in joint name, apart from one that was in his name only, and the only other item that was in his name alone is our car...
> 
> ...


I was under the impression that you wont be subject to the descendents rule as your Brit nationality / English will overrules it. I quote David Searl, You and the Law in Spain: _" As a foreigner you will probably find that Spanish authorities do not oblige you to follow the Spanish Law of Compulsory heirs ......... you can leave your estate to whomever you choose"_ In the best case scenario though you should have had a Spanish will drawn up to mirror the UK one.

I'm no expert on this, but as far as I know you need to have the English will officially translated into Spanish, maybe notarised (I'm not sure) and then let your solicitor do the business.

I'm guessing your bank account has been frozen?

As I said, a friend locally had to go through this last year and she was told that IHT was not an issue for her as her husband had left his estate to her only, and she was a Spanish resident. The big hit comes when you leave an estate to someone who is _not _a Spanish resident, and IHT can be massive.

So you shouldn't have to pay any IHT at all .......... and bear in mind even if there was, you probably own half of your property so the liability would have been cut considerably.


----------



## tinarina (Dec 10, 2008)

Thank you for the quick reply!!

No, the bank accounts are not frozen (at the moment, anyway) maybe it would be a good idea to draw some money out now, just in case....

I imagine that when they come to calculate the assets, they will approach the banks and get a balance on the day that he died? I think that the apartment won't come into the equation as it is in my name...

Maybe I ought to contact the person who drew the will up for us in the UK, and get an estimate on the costs of translating etc...first


----------



## decgraham (Apr 24, 2008)

Maybe I ought to contact the person who drew the will up for us in the UK, and get an estimate on the costs of translating etc...first[/QUOTE]


When I was looking at having some documents translated by the Spanish Embassy here in Kuwait the price was Kuwaiti Dinar 10 per page approxomately Stg 20 per page if that's any help.


----------



## Stravinsky (Aug 12, 2007)

tinarina said:


> Thank you for the quick reply!!
> 
> No, the bank accounts are not frozen (at the moment, anyway) maybe it would be a good idea to draw some money out now, just in case....
> 
> ...



I think its better to spend the money on this than not do it and get charged IHT here.

But as I said to you, I dont think calulating the assets is an issue .... if you were both Spanish residents, married and with your assets in Spain then you shouldn't be paying any IHT. To be honest I think its going to be a bit more costly and time consuming as you didn't have a Spanish will, but IHT can be charged at horrendous rates to non residents. You do need good Spanish legal advice


----------



## SteveHall (Oct 17, 2008)

Very quick reply - just going into a meeting 

Get every cent you can get out of the bank NOW. If they know your husband has passed away they are by law OBLIGED to freeze and joint account. 

A few years ago I had to "Play" a dead man in order to get 60,000 GBP out of a bank. A scary moment! 

I am sorry to hear of your loss and, yes, you need to get to a solicitor fast. I can recommend excellent ones in Torrevieja and this afternoon Ill search out the details for an English speaking solicitor in San Pedro.


----------



## XTreme (May 17, 2008)

tinarina said:


> It would be good if I could locate a solicitor who spoke some English in our vicinity..so if anyone knows of one in say, San Pedro Del Pinatar, Pilar De La Horadada, Los Alcatraz or thereabouts that would be great..


Sorry to hear of your loss Tina......but just to let you know I have a website client of mine in the legal profession in Pilar De La Horadada.
PM me if you need contact details.


----------



## SteveHall (Oct 17, 2008)

I ended up having to play a dead man a few years ago when the widow "heard" that bank accounts are frozen. FORTUNATELY she did not ask at the bank and listened to Bar Room Bill who (this time!) was correct! 

She made contact with me through a mutual friend and I "agreed" to help her get the money out. Knowing the bank would not have 60,000 in cash I called the office and they said it would be available at 12 noon the next day. At 12,30 I met my "wife" and with more than a little trepidation we entered the bank.

I have had three heart attacks but as we were walking out of the bank with the money secreted about my body, I nearly had another. All had gone well at the cash desk and we had withdrawn the money without any problems. Then just as we were almost at the door, the bank manager came out of his office with a friendly "Mr Smith, Mrs Smith. Just one minute please." Never mind a heart-attack, I think I gave birth, xxxx bricks and my whole life went in front of me at that hot moment! (Thank goodness for cycle clips). "Would you like to step this way?" Actually, no. I'd rather have been locked in a space shuttle with my ex Mother In Law sine die than speak to him.

Anyway, he just wanted to know why we were withdrawing so much money at such short notice. I mumbled something about buying a new house and he said, "We wondered whether it was that or whether you were going back to the UK. Have you considered a Banco xxx mortgage?" I grabbed my "wife's" arm, spat out something about having the agent waiting in the car, that we were buying cash and almost ran out of the door. Sorry, Sr. Garcia - I am sure it was a great mortgage offer but not for "us" !!

We dashed into a bar over the road, my "wife" demolished about 4 G&Ts in 5 minutes and I thought "Well at least expat life is never boring."

Walking around El Galán with 60,000 euros in cash for somebody you had only met 10 minutes earlier, knowing that you weren't exactly going to get a sympathetic ear if you were mugged from the police (...or should I say BY the police LOL) - yes, I have had better days.

All this on top of the death, funeral etc - guys, PLEASE, make the necessary arrangements.


----------



## ALANKAR (Dec 14, 2008)

*living and working in spain*

[Dear christina,

It is really sad that you have lost your husband but life goes on and on.Well iam an INDIAN living in new delhi,deciding to live and work in spain.iam 38 years.very fluent in english.good in spanish and little of russian.can you suggest me something may be near your place.i can work in restaurant,bar,estate agents,wineries,even in farm.now tell me something about yourself what you do there what changes you see in the last six years. and the best way to invest in spain.thanks

alankar rattan


----------

