Spanish Intestacy Nightmare... and my Dad only passed away 2 weeks ago

Doraemon72

Firstly, a huge thank-you to anyone reading this... I am a newbie here, one who's in a bit of a predicament:

basically, my father died a couple of weeks ago and I'm trying to administer his estate for my mother (I am the only child and my mother isn't emotionally up to the task, quite understandably).

He also died INTESTATE.

Fortunately, I have sorted out "the Grant of Letters of Administration" that are needed, I have discovered, through a good solicitor I know.

HOWEVER... my parents own a Spanish property and I know Spanish Law has its own legal requirements. And that's totally fair enough. But I have been told -- by several different Spain-based lawyers (both Spanish and English) -- that I need to get various documents "APOSTILLED" and then have "SWORN TRANSLATIONS" (into Spanish) arranged. I also need to have various other things "NOTARISED"...

My questions to anyone kindly reading are these:

(1) Can anyone recommend a firm who, for a reasonable fee (I don't know what a reasonable fee might be?!?!), can APOSTILLE a Death Certificate, a Grant of Letters of Administration and a Certificate of English Law for use in Spain?


(2) WHAT EXACTLY do I need to get "SWORN TRANSLATIONS" of? I mean, what kind of documents need to be translated thus? I assume those documents in points "(1)" above, but is there anything else I need to get translated so that I can get the ball rolling with a Spain-based lawyer?


(3) Can anyone recommend a firm who, for a reasonable fee (I don't know what a reasonable fee might be?!?!), can obtain for me a Certificate of English Law (whatever this certificate is)?


(4) Can anyone recommend a Spain-based law firm? I have taken a few quotes thus far, but all from firms I didn't know from Adam 10 days ago. I guess a referral is always the best route.


If I appear to have missed anything else that I may need to address before enlisting a Spain-based law firm, I am all ears!

AGAIN, THANK YOU JUST SO MUCH FOR READING THIS AND SORRY FOR SUCH A LONGWINDED THREAD... I AM JUST FEELING THE PRESSURE, UNFORTUNATELY.

All the very best,

Simon

princeofpounds

If I type in 'spanish english solicitors' in google I seem to get quite a few firms who might be able to help.

Some of them state that they will deal with inheritances in Spain.

I'm afraid I can't tell you who is good and who isn't but it's quite clear from websites who might be credible and who won't.

sleepless_saver

Sorry for your loss.

Have a look at this site http://legal4spain.com/probate/faqs/ - they give an idea of what's needed to sort out probate (and they also say they are geared up to deal with the "no will" scenario). I've no idea what they're like, but it's that sort of all inclusive service that should make it easiest for you - if you can afford it - rather than you having to try to coordinate everything yourself at such a difficult time..

lurkylurky

Sorry for your loss.

I lost my brother last year and he had a property in Spain. The only thing we had to get translated was the Death Certificate and we used a company in London called De Pinna who did the translation and Apostille. Here's a link: http://www.depinna.com/spanish-department-english.php. I can't remember exactly, but the translation cost around £250 and the Apostille around £30.

We weren't asked to get the Letters of Administration translated but he did have a Spanish will so don't know if this made a difference. He didn't have a will in the UK. We weren't asked for a Certificate of English Law. May be it differs by Region in Spain.

You will need to get your Dad's name removed from the Deeds. This is done at the Notary in Spain. Unfortunately, in Spain there are taxes to pay even when transferring between spouses. To give you an idea of costs, it's about 19% of the value of the property. The solicitor arranged all this for my SIL.

We used a solicitor in a village near the property in Murcia. What area is the property in? Can any of your Mum's neighbours in Spain recommend a solicitor?

There's a Sticky on the Over 50's board called "Living Abroad Tips and Hints" and it might be worth posting there. There's a website called "Eye on Spain" and it might be worth posting there too. They have a solicitor who posts and she may recommend a solicitor in your area.

I know this all sounds like a nightmare but once we found a solicitor it really wasn't that bad.

Just a final word of warning: when your Mum tells the Spanish bank your Dad has died they will freeze the account until the taxes are paid. If the account is in joint names they will still freeze half the money. We opened an account at a different bank, transferred the direct debits and moved some money over before telling the bank.

Good luck.

missile

My sympathy for your loss. There will be taxes to pay on transfer of your father's share of the property.

Be very careful choosing a lawyer, I would suggest you use a spanish one. Understandably many Brits feel more comfortable with an English expat, but this can be a time consuming and costly mistake.

As lurky said empty funds to account into another bank in your mother's name. I would recommend Barclays.es. Choose wisely to make it easier to get the proceeds of the sale from spain to UK.

Where is the property? I do have a very good lawyer (abogado) in spain. It would be a mistake to use a firm remote from where your mother lives.

C_Mababejive

You could also ask over in britishexpats spanish section..