spanish will vs english

faerielight

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.

bargainbetty

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.

Yorkshireman99

faerielight wrote: »

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.

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

bargainbetty wrote: »

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.

A Spanish will does not overide the English one. An English will does not apply to assets in Spain.

faerielight

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!

Yorkshireman99

faerielight wrote: »

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!

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.

faerielight

no, he doesn't speak spanish.

Yorkshireman99

This may help.

http://www.expatica.com/es/finance/A-guide-to-Spanish-inheritance-tax_102092.html

chiny

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

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!

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.