Comments on: Free Testamentary Disposition for UK Citizens: Only if You Own Property in the UK

By: Antonio Flores

Antonio Flores — Mon, 30 Apr 2012 15:41:18 +0000

Dear Jeremy,

I am sorry to hear the news, my condolences to you and your family. With regards to the will, it would be still be valid in spite of the marriage and the named inheritors would be entitled to file a claim on the estate, as per the document.

By: Antonio Flores

Antonio Flores — Wed, 29 Feb 2012 09:09:40 +0000

Hello Bridget,

Inheritance rules are based on your nationality, which means that if you are British, then those laws will apply. There are certain exceptions that apply in respect of nationals of this country and their children´s rights, if the deceased was living in Spain and only had assets here: in this case, Spanish IH laws may apply and give you the right to claim up to 2/3 of the estate.

It is therefore the nationality of the deceased and not the inheritor that applies.

By: Bridget

Bridget — Mon, 27 Feb 2012 22:04:48 +0000

Hi, I was woundering if you can help. My father bought a house in Spain and moved out in November 2009, and he passed away in June 2011. He left a spanish will leaving everything to his partner. My question is do you have to be a Spanish citizen for Spanish law to apply and if so do you have to live in Spain for a certain ammount of time before you gain citizenship or do you apply for it?
Thanks Bridget

By: Antonio Flores

Antonio Flores — Tue, 07 Feb 2012 17:54:36 +0000

Hello David,

You do have to have a new will, cancelling out the previous one. The reason to do this is that conflicting testaments may cause problems when enforcing them. With regards to your UK will, it certainly covers your wishes for after death, as it can be legalized for use in Spain. It will however cost you more since you will have to go through the probate procedures in the UK, and then have it translated and legalized for use in Spain.

By: David

David — Tue, 07 Feb 2012 17:29:10 +0000

I own property in UK and Spain and am a UK resident. I made a Spanish will in the 1980′s but I now want to change the beneficiary. I have been told that I MUST write a new Spanish will to cancel the original. I have read your advice above and it seems to me that my UK will can effectively deal with my wishes regarding my Spanish property. Is this so? Do I need a new Spanish will?
Thanks, David I.

By: aflores

aflores — Mon, 07 Feb 2011 18:28:41 +0000

Barbra,

Are you following any procedure for inheritance in the UK? If you do not have a will in the UK, nor in Spain, you should follow the an intestate procedure in either country, as your mum may have been a resident of Spain and in this case, the process could be conducted via a Spanish “declaracion de herederos”, for which you will require a certificate proving what the laws of England & Wales designate you as an inheritor, in the abscence of a will. You can also do this in the UK and then legalise the document in Spain.

By: Barbra

Barbra — Sun, 06 Feb 2011 17:15:48 +0000

Hello,
After the excellent advise that I have read I was wondering if someone would be able to help me?
My mum has recently passed away and has lived in Spain for about 4 years. She own a house in the UK with her husband (my step father) but the house in Spain was only in her name. I am completely unsure of what to do and my step father is really in not state to do anything. I would like to know what needs to be done with the house in Spain, who we need to see and how I go about this. There was no will either in Spain or in the UK>
Thank you.

By: aflores

aflores — Tue, 18 Jan 2011 10:20:10 +0000

Hello Sam,

If your father had a Spanish will then you don’t need to go through Probate in Spain, but enforce it through a Notary Public. You will need a death certificate, details of the assets to be inherited and a few other minor documents the Notary will request for you.

The process of Grant of Probate in the UK is not an inconvenience to pursue acceptance of inheritance in Spain, so long as both are not contradictory.

By: Sam

Sam — Mon, 17 Jan 2011 19:25:16 +0000

My father was a UK citizen and died in the UK but had a house in Spain, he had a Spanish will. What steps to I need to take in Spain? I am in the process of applying for Probate in the UK.

By: lynn smith

lynn smith — Tue, 24 Aug 2010 11:26:57 +0000

Please could someone help me with the above query. Thanks