UK and Spanish will advice

joinsussex

My mum died this year in Spain, she lived there with my dad. The Spanish probate is all sorted and signed off. As executor of her UK will - everything goes to my dad, I need to apply for probate as she has a few granny bonds and premium bonds. 
I have original UK will to send them, they are asking for official translation of Spanish will, this doesn't deal with or mention any UK assets. It's going to cost around£1000 to get this done. Has anyone else had to go through this as it seems totally unnecessary. Thanks.

SeniorSam

Sorry for your loss. The fact is that as your Mum resided in Spain and has a Will in Spanish, then a translation of that is essential.  Your estimate seems rather high, have you asked other lawyers in Spain what they would charge?

Thrugelmir

Normally it's the latest will that takes precedence. Assets are assets where every they are located. 

jimbo6977

Wills in most European countries are not written in the random free-for-all, back-of-cigarette-packet way that they can be in the UK. 

A correctly written will in Spain will be written by a Notary according to a very strict structure and is a document of public record, not just hidden in a biscuit tin under the sink. 

So any translator will need to have knowledge not just of the languages in themselves but also of the legal strictures, which can make a proper translation more expensive. 

Mands

joinsussex said:

My mum died this year in Spain, she lived there with my dad. The Spanish probate is all sorted and signed off. As executor of her UK will - everything goes to my dad, I need to apply for probate as she has a few granny bonds and premium bonds. 
I have original UK will to send them, they are asking for official translation of Spanish will, this doesn't deal with or mention any UK assets. It's going to cost around£1000 to get this done. Has anyone else had to go through this as it seems totally unnecessary. Thanks.

In my experience NS&I are poor on their understanding of international law, in particular the distinction between where one is resident and where one is domiciled.

Your mother was resident (including for tax purposes?) in Spain but still UK domiciled.  Therefore the Spanish will has no relevance to her assets within NS&I.  By extension there should be no need for them to see the Spanish will.

I had to get my lawyer involved and had her explain similar to them, saying exactly what I had already said.  They paid out shortly afterwards, but failed to reply to the lawyer, or apologise to me for their error.  They just dropped the funds into one of my NS&I accounts.

Best of luck,
Mands

Keep_pedalling

Mands said:

joinsussex said:

My mum died this year in Spain, she lived there with my dad. The Spanish probate is all sorted and signed off. As executor of her UK will - everything goes to my dad, I need to apply for probate as she has a few granny bonds and premium bonds. 
I have original UK will to send them, they are asking for official translation of Spanish will, this doesn't deal with or mention any UK assets. It's going to cost around£1000 to get this done. Has anyone else had to go through this as it seems totally unnecessary. Thanks.

In my experience NS&I are poor on their understanding of international law, in particular the distinction between where one is resident and where one is domiciled.

Your mother was resident (including for tax purposes?) in Spain but still UK domiciled.  Therefore the Spanish will has no relevance to her assets within NS&I.  By extension there should be no need for them to see the Spanish will.

I had to get my lawyer involved and had her explain similar to them, saying exactly what I had already said.  They paid out shortly afterwards, but failed to reply to the lawyer, or apologise to me for their error.  They just dropped the funds into one of my NS&I accounts.

Best of luck,
Mands

I don’t think it is NS&I who want to see the Spanish will it’s the probate office.

Mands

Keep_pedalling said:

Mands said:

joinsussex said:

My mum died this year in Spain, she lived there with my dad. The Spanish probate is all sorted and signed off. As executor of her UK will - everything goes to my dad, I need to apply for probate as she has a few granny bonds and premium bonds. 
I have original UK will to send them, they are asking for official translation of Spanish will, this doesn't deal with or mention any UK assets. It's going to cost around£1000 to get this done. Has anyone else had to go through this as it seems totally unnecessary. Thanks.

In my experience NS&I are poor on their understanding of international law, in particular the distinction between where one is resident and where one is domiciled.

Your mother was resident (including for tax purposes?) in Spain but still UK domiciled.  Therefore the Spanish will has no relevance to her assets within NS&I.  By extension there should be no need for them to see the Spanish will.

I had to get my lawyer involved and had her explain similar to them, saying exactly what I had already said.  They paid out shortly afterwards, but failed to reply to the lawyer, or apologise to me for their error.  They just dropped the funds into one of my NS&I accounts.

Best of luck,
Mands

I don’t think it is NS&I who want to see the Spanish will it’s the probate office.

I think you are right, I misread.  Sorry folks.