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  • FIRST POST
    • faerielight
    • By faerielight 13th Jun 17, 12:34 PM
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    faerielight
    spanish will vs english
    • #1
    • 13th Jun 17, 12:34 PM
    spanish will vs english 13th Jun 17 at 12:34 PM
    My mother had a flat in spain which she "gave" to my uncle. Apparently there is a spanish will but the solicitor is not getting a translator so it's just sitting there. If the flat is named in the spanish will for my uncle, does that override the english will that says that all of her estate goes to me?
    The solicitor is not being helpful at all, very apathetic.
    Many thanks to all who contribute on MSE
Page 1
    • bargainbetty
    • By bargainbetty 13th Jun 17, 12:51 PM
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    bargainbetty
    • #2
    • 13th Jun 17, 12:51 PM
    • #2
    • 13th Jun 17, 12:51 PM
    If there is a will is the the duty of the solicitor/executor to review all relevant documentation.

    The most recent will will usually override earlier ones, so if the date is clearly prior to her most recent one, then there is an argument that he has done his duty as it would be cancelled by the new will.

    Unless she transferred the ownership of the property to her brother, she did not 'give' him the property. Ask to obtain a copy of the Spanish document and arrange your own translation if you are concerned.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!
    MFW - Joined May 2012, aiming to cut the mortgage by an extra two months every year. (Overpaid £3000 so far)
    , only 11 years to go.

    • Yorkshireman99
    • By Yorkshireman99 13th Jun 17, 12:54 PM
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    Yorkshireman99
    • #3
    • 13th Jun 17, 12:54 PM
    • #3
    • 13th Jun 17, 12:54 PM
    My mother had a flat in spain which she "gave" to my uncle. Apparently there is a spanish will but the solicitor is not getting a translator so it's just sitting there. If the flat is named in the spanish will for my uncle, does that override the english will that says that all of her estate goes to me?
    The solicitor is not being helpful at all, very apathetic.
    Originally posted by faerielight
    If the will is Spanish then probate will have to be applied for in Spain and will of course be subject to Spanish law. The English will does not overide the Spanish one. Any English assets will be dealt with by the English will. However Spanish law has provisions for children to inherit some of the estate regardless of what the will says. You need a Spanish lawyer.
    • Yorkshireman99
    • By Yorkshireman99 13th Jun 17, 12:59 PM
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    Yorkshireman99
    • #4
    • 13th Jun 17, 12:59 PM
    • #4
    • 13th Jun 17, 12:59 PM
    If there is a will is the the duty of the solicitor/executor to review all relevant documentation.

    The most recent will will usually override earlier ones, so if the date is clearly prior to her most recent one, then there is an argument that he has done his duty as it would be cancelled by the new will.

    Unless she transferred the ownership of the property to her brother, she did not 'give' him the property. Ask to obtain a copy of the Spanish document and arrange your own translation if you are concerned.
    Originally posted by bargainbetty
    A Spanish will does not overide the English one. An English will does not apply to assets in Spain.
    • faerielight
    • By faerielight 13th Jun 17, 1:01 PM
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    faerielight
    • #5
    • 13th Jun 17, 1:01 PM
    • #5
    • 13th Jun 17, 1:01 PM
    thanks guys for the advice.. I asked for a copy of the spanish will but the solicitor refused to give it to me. As stated in my previous post, my uncle is the executor and has closed off communication with me by blocking my email.. this is all getting really frustrating and stressful!
    Many thanks to all who contribute on MSE
    • Yorkshireman99
    • By Yorkshireman99 13th Jun 17, 1:03 PM
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    Yorkshireman99
    • #6
    • 13th Jun 17, 1:03 PM
    • #6
    • 13th Jun 17, 1:03 PM
    thanks guys for the advice.. I asked for a copy of the spanish will but the solicitor refused to give it to me. As stated in my previous post, my uncle is the executor and has closed off communication with me by blocking my email.. this is all getting really frustrating and stressful!
    Originally posted by faerielight
    Is the solicitor qualified in Spanish law? If not then he is breaching the rules her operates under. Make a formal complaint against him to his firm.
    Last edited by Yorkshireman99; 13-06-2017 at 2:29 PM.
    • faerielight
    • By faerielight 13th Jun 17, 2:02 PM
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    faerielight
    • #7
    • 13th Jun 17, 2:02 PM
    • #7
    • 13th Jun 17, 2:02 PM
    no, he doesn't speak spanish.
    Many thanks to all who contribute on MSE
    • Yorkshireman99
    • By Yorkshireman99 13th Jun 17, 2:40 PM
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    Yorkshireman99
    • #8
    • 13th Jun 17, 2:40 PM
    • #8
    • 13th Jun 17, 2:40 PM
    This may help.

    http://www.expatica.com/es/finance/A-guide-to-Spanish-inheritance-tax_102092.html
    • chiny
    • By chiny 13th Jun 17, 6:28 PM
    • 72 Posts
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    chiny
    • #9
    • 13th Jun 17, 6:28 PM
    • #9
    • 13th Jun 17, 6:28 PM
    The OP doesn't say whether the flat owner was resident in Spain (dictated by a specific Spanish document, a residencia). ISTR that non-residents can (maybe it was could pre-2015) include a clause in a Spanish will asking for exemption from Spanish inheritance laws.

    Practically, Spanish bureaucracy is unlike anything a UK resident can imagine. You may have right, you may have might on your side but that is near irrelevant - you need "enchufe" (influence) and you need a physical presence. Possibly a Spanish lawyer (abogado) might be helpful but I'd start with an gestora, a professional administrator - yes, bureaucracy is that mind-boggling in Spain that many employ professionals. It is worth it; if you don't speak Spanish, essential.

    Quite how a non-Spanish-speaking solicitor could handle the above from the UK...

    ¡Buena suerte en sus esfuerzos!
    • faerielight
    • By faerielight 13th Jun 17, 6:40 PM
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    faerielight
    No she was a uk resident. Your reply is making me think that perhaps my uncle has a Spanish solicitor. Today was the 1st I've heard about the presence of a Spanish will though. I'm on disability benefits so can't afford a solicitor, Spanish or otherwise!
    Last edited by faerielight; 13-06-2017 at 6:43 PM.
    Many thanks to all who contribute on MSE
    • thorsoak
    • By thorsoak 13th Jun 17, 6:50 PM
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    thorsoak
    This is fair warning for anyone with propert/properties in different countries - you need a will for EVERY country where you own a property. English wills can only apply to properties in England & Wales - properties in France/Spain etc come under french or spanish law.
    • DCFC79
    • By DCFC79 13th Jun 17, 6:58 PM
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    DCFC79
    No she was a uk resident. Your reply is making me think that perhaps my uncle has a Spanish solicitor. Today was the 1st I've heard about the presence of a Spanish will though. I'm on disability benefits so can't afford a solicitor, Spanish or otherwise!
    Originally posted by faerielight
    Know anyone who speaks Spanish who could draft or translate any correspondence for you ?
    Je Suis Charlie
    • faerielight
    • By faerielight 13th Jun 17, 9:45 PM
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    faerielight
    I did some digging and found out that the man appointed as my solicitors point of contact isn't a solicitor!! I'm really shocked, I presumed he was one as the initial letter was on headed paper and when I asked him if he was the solicitor, he said yes.. it looks like (and I had never heard of this before)he's an SRA manger in a solicitor/manager merger firm (ABS alternative business structure) from some 2007 legislation.. I am shocked that he didn't explain this to me .Not sure what to do, I feel like something fishy is going on regarding this flat in spain and my uncle, and no one is being transparent with me, I'm having to do digging to get a picture
    Many thanks to all who contribute on MSE
    • rachel230
    • By rachel230 13th Jun 17, 10:03 PM
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    rachel230
    As others have said, unfortunately you will need to engage a lawyer if you are to get to the bottom of this. It is a difficult situation.
    You can phone up the law society in England and ask them for a lawyer who lives here but practises Spanish law (an international lawyer).
    If you do manage to get a copy of the will, you could ask around your local college or put an ad in a couple of shop windows asking for a Spanish speaker to help you translate.
    Even after probate is granted (or whatever the Spanish equivalent is), unlike here, you still may not be entitled to a copy of the will. I know that`s the case in Mexico.
    You could also do an internet search for English speaking Spanish lawyers - I`m sure there is a professional body they must belong to) and I would find one near to where the property is.
    Where is the will being held and have you actually asked for a copy of it?
    • faerielight
    • By faerielight 13th Jun 17, 10:09 PM
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    faerielight
    I only found out about the will today and asked for a copy of it but was refused by this manager guy who I thought was the solicitor, I don't know if it's a copy or if my uncle has the original. I'm on benefits so access to my own solicitors is going to prove tricky. I want to see it and any documentation of the property, but the firm are being obstructive. Bottom line is, my family are crooked and I don't trust my uncle who is the executor, and I don't trust this firm as they haven't been transparent with me at all.
    Many thanks to all who contribute on MSE
    • Yorkshireman99
    • By Yorkshireman99 13th Jun 17, 11:33 PM
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    • 1,987 Thanks
    Yorkshireman99
    I only found out about the will today and asked for a copy of it but was refused by this manager guy who I thought was the solicitor, I don't know if it's a copy or if my uncle has the original. I'm on benefits so access to my own solicitors is going to prove tricky. I want to see it and any documentation of the property, but the firm are being obstructive. Bottom line is, my family are crooked and I don't trust my uncle who is the executor, and I don't trust this firm as they haven't been transparent with me at all.
    Originally posted by faerielight
    I suggest you write a polite but firm letter to the senior partner of the firm setting out the facts as you know them and asking him to investigate. Send it by Signed For rather than by email
    Last edited by Yorkshireman99; 14-06-2017 at 2:59 AM.
    • faerielight
    • By faerielight 14th Jun 17, 1:11 AM
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    faerielight
    thanks yorkshireman, I will do
    Many thanks to all who contribute on MSE
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