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Emma
05-02-2014, 03:14 PM
Hello, I'm sincerely hoping you can provide me with some advice.

My Grandfather passed away 9 years ago. He and his second wife, (not my dad's mother), bought a property in Spain a while back, I am not exactly sure as to the date of this.

To cut a long story short, there is currently a family dispute going on as my Grandfather did not leave a Spanish Will nor an English one for that matter.

I am aware that in Spanish Law, the property will be left to the eldest son, which is my Father as he is the only child. However, as there was not a Will made, my Father and I are not sure as to whether we have any right to the property.

The second wife merely wants to sell the property. But to do this, she needs my Father's signature on a document to say that he does not want the property or have any interest in its future etc. Which my Father does... But she is pressing my Father into doing this and it could end up in Court. Have we got any British rights in this country to contest against this?

I am fully aware as to The Contract (Rights to Third Parties) Act 1999 in English Law, I am a first year law student. This is a factor that worries me as my Father has not provided sufficient consideration to be a third Party to the contract. I do not however, have any basis of knowledge on Spanish Law.

What would the Spanish Law say to this matter?

Any form of information you can provide for English and Spanish Law will be greatly appreciated as this is of great concern to me.

Thank You,

Kind Regards,

Emma