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Cash stuck in spanish account

Hi all this is a bit confusing and need some advice asap,

My father has passed away,and before he did he had a property sold in spain £45k,the funds were being transfered but then he died,now the solicitor has frozen his uk accounts(idiot) so there is no account for this money from spain to go into,what happens now? The solicitor
does not know what to do and we need this money fast.
Any advise would be great thanks ;)
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Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 April 2013 at 6:32PM
    Why do yo think it's stuck?
    If the money was transferred to a frozen account I think the transfer will get credited and remain there until it's unfrozen.
  • the solicitor is saying the account isnt active so nothing can go in or is this more rubbish?
  • innovate
    innovate Posts: 16,217 Forumite
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    It is quite possible that accounts get frozen after the account owner died.You will have to go though the motions with the executor, who hopefully has knowledge of spanish as well as english inheritance law.
  • Buzby
    Buzby Posts: 8,275 Forumite
    It would be unusual for the account NOT to accept credits, as the Estate must be in a position to RECEIVE funds from people who owe the deceased.

    The funds will then be able to be disbursed, on the instructions of the Executor.
  • innovate
    innovate Posts: 16,217 Forumite
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    edited 11 April 2013 at 10:45PM
    This might be so in the UK, for funds that come from the UK. The situation here is a lot more complex since the father obviously had some property in Spain. We don't know what the gent's residency and tax status was in the UK and in Spain (and may be other country), nor what his liabilities are in Spain, e.g. either directly or indirectly from the sale of the property.

    If a solicitor has frozen his UK accounts (or asked the bank to do so), there is quite possibly a good reason for it. Of course, the heirs would want to know the reason, and that could be best established by asking the solicitor.
  • innovate
    innovate Posts: 16,217 Forumite
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    elminto900 wrote: »
    the solicitor has frozen his uk accounts(idiot)
    elminto900 wrote: »
    The solicitor does not know what to do
    elminto900 wrote: »
    the solicitor is saying the account isnt active

    seems to me there is a large amount of uncertainty about the facts
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    Buzby wrote: »
    It would be unusual for the account NOT to accept credits, as the Estate must be in a position to RECEIVE funds from people who owe the deceased.

    The funds will then be able to be disbursed, on the instructions of the Executor.


    It's quite normal for an account (in the UK) to be frozen after death until after Probate has been granted - that is until the executor has proved his right to deal with the estate. If I owed the deceased money I would insist on seeing probate before handing it over.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Precisely. Probate is the first step, everything else follows.
    OP, who is the executor?
    No free lunch, and no free laptop ;)
  • catokelly
    catokelly Posts: 355 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    elminto900 wrote: »
    Hi all this is a bit confusing and need some advice asap,

    My father has passed away,and before he did he had a property sold in spain £45k,the funds were being transfered but then he died,now the solicitor has frozen his uk accounts(idiot) so there is no account for this money from spain to go into,what happens now? The solicitor
    does not know what to do and we need this money fast.
    Any advise would be great thanks ;)

    Sorry to hear that, there is so much red tape when something like that happens. Can the Sterling be sent to your Father's representatives (ie you or you Mother?). Also, if possible you should avoid sending the Euros directly to a UK bank account as the banks offer bad rates (if you use an international money transfer specialist you will get a much better rate, they can transfer the Sterling to any UK account).
  • xylophone
    xylophone Posts: 45,705 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your father sold a house in Spain before he died.
    Is the money in a solicitor's account in Spain?

    You say that your father's account in the UK has been frozen by a solicitor - which solicitor? The Spanish solicitor? Your father's UK solicitor? If so, is he also the executor of your father's estate?
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