# Property Owner Passed Away



## lilpiggy (Jul 15, 2013)

My father recently passed away.. He owns a flat in Spain. Is it still correct that the property will be left to the eldest son, or to all 3 children ?

We are intending to attend to the property within the next few months, obviously we will hire a Spanish solicitor.


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## xabiaxica (Jun 23, 2009)

lilpiggy said:


> My father recently passed away.. He owns a flat in Spain. Is it still correct that the property will be left to the eldest son, or to all 3 children ?
> 
> We are intending to attend to the property within the next few months, obviously we will hire a Spanish solicitor.


:welcome:

& sorry for your loss

it depends really - was he resident in Spain & did he leave a will?


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## Stravinsky (Aug 12, 2007)

lilpiggy said:


> My father recently passed away.. He owns a flat in Spain. Is it still correct that the property will be left to the eldest son, or to all 3 children ?
> 
> We are intending to attend to the property within the next few months, obviously we will hire a Spanish solicitor.


As Xabiachica says

Was he resident in Spain
Did he have wills in (a) UK and (b) Spain


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## baldilocks (Mar 7, 2010)

lilpiggy said:


> My father recently passed away.. He owns a flat in Spain. Is it still correct that the property will be left to the eldest son, or to all 3 children ?
> 
> We are intending to attend to the property within the next few months, obviously we will hire a Spanish solicitor.


If he made a will in Spain to deal with his assets in Spain, it matters a lot whether he made the will under Spanish law or under the law of his country of nationality. That will determine which country's testacy/inheritance laws will apply. It will also be affected by the location (AC) of the property.


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## Madliz (Feb 4, 2011)

If a will was made here, under Spanish law you cannot disinherit a legitimate heir - all three children will be entitled to a share. There are rules and time limits here which are very strict, I would suggest finding an English speaking lawyer in Spain to advise you.


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## baldilocks (Mar 7, 2010)

Madliz said:


> If a will was made here, under Spanish law you cannot disinherit a legitimate heir - all three children will be entitled to a share. There are rules and time limits here which are very strict, I would suggest finding an English speaking lawyer in Spain to advise you.


But if he made a will in Spain under UK law, then he may have left it to whomever he pleased.


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## Stravinsky (Aug 12, 2007)

Madliz said:


> If a will was made here, under Spanish law you cannot disinherit a legitimate heir - all three children will be entitled to a share. There are rules and time limits here which are very strict, I would suggest finding an English speaking lawyer in Spain to advise you.


I think if you research you will find that when a Spanish will and English will are made, then under the reciprocal agreements the descendent can be whoever your UK will denotes it should be.


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## baldilocks (Mar 7, 2010)

Stravinsky said:


> I think if you research you will find that when a Spanish will and English will are made, then under the reciprocal agreements the descendent can be whoever your UK will denotes it should be.


Unfortunately, laws in both countries are far from helpful. Spanish law says that it will be dealt with under the law of the testator's own country, English law says it will be dealt with under the law applicable to the domicile of the assets.

If you are English/Welsh/Northern Ireland (different law applies to Scotland) you can have a bilingual will made out (it is in two columns - one in English and one in Spanish showing the translation) stating that you wish to exercise your right to have your assets disposed of under the law of your nationality.

Then , once the will is completed and signed (you don't need all the witnesses), you get a copy, the Notary keeps a copy and a copy is sent to the Central Registry in Madrid so no hunting behind picture frames etc. If you are then making a will in the UK under UK law to deal with assets in the UK DO NOT put in the clause "this is the last will and testament of fred bloggs who being of sound mind, etc.." because you then [officially] invalidate your Spanish will.


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## extranjero (Nov 16, 2012)

baldilocks said:


> Unfortunately, laws in both countries are far from helpful. Spanish law says that it will be dealt with under the law of the testator's own country, English law says it will be dealt with under the law applicable to the domicile of the assets.
> 
> If you are English/Welsh/Northern Ireland (different law applies to Scotland) you can have a bilingual will made out (it is in two columns - one in English and one in Spanish showing the translation) stating that you wish to exercise your right to have your assets disposed of under the law of your nationality.
> 
> Then , once the will is completed and signed (you don't need all the witnesses), you get a copy, the Notary keeps a copy and a copy is sent to the Central Registry in Madrid so no hunting behind picture frames etc. If you are then making a will in the UK under UK law to deal with assets in the UK DO NOT put in the clause "this is the last will and testament of fred bloggs who being of sound mind, etc.." because you then [officially] invalidate your Spanish will.


The advice generally given, seems to be to make a UK will for your assets in UK, and a Spanish will for your assets in Spain.


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## Madliz (Feb 4, 2011)

baldilocks said:


> But if he made a will in Spain under UK law, then he may have left it to whomever he pleased.


I am aware of this, but I wanted to point out the standard Spanish system to the OP and that time was of the essence. We still don't know if he/she knows if there was any will! If there is no will, the estate will be subject to Spanish intestate laws which will apply the laws of the deceased person's country of origin, although whether there is a will, or several, or none, inheritance tax will be charged on Spanish assets and NIE numbers will be required in order to process the tax, as far as I am aware. I'm sure I will be corrected if not. 

A lawyer specialising in these matters should be sought and consulted without delay.


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## extranjero (Nov 16, 2012)

Madliz said:


> I am aware of this, but I wanted to point out the standard Spanish system to the OP and that time was of the essence. We still don't know if he/she knows if there was any will! If there is no will, the estate will be subject to Spanish intestate laws which will apply the laws of the deceased person's country of origin, although whether there is a will, or several, or none, inheritance tax will be charged on Spanish assets and NIE numbers will be required in order to process the tax, as far as I am aware. I'm sure I will be corrected if not.
> 
> A lawyer specialising in these matters should be sought and consulted without delay.


Surely if intestate,the laws of the deceased's country of residence will apply, not country of origin?


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## Stravinsky (Aug 12, 2007)

baldilocks said:


> Unfortunately, laws in both countries are far from helpful. Spanish law says that it will be dealt with under the law of the testator's own country, English law says it will be dealt with under the law applicable to the domicile of the assets.
> .


Which is which I got advice from solicitors in both countries and the British Consul before drawing up mine. If you have a will in each country made in the correct way then all is well and good. If you have made no will in any country, deep crap

As said, the OP hasnt really explained so we may as well stop talking about it until he does


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