Forced inheritance?

My father died in April 2012, leaving his jointly owned Spanish property to my mother (British and lives in UK) (who had inherited it from her father in the first place!).

Her Spanish lawyer is insisting that myself and my 2 brothers must now inherit half of the property between us, as is customary in Spanish law.

My father was a UK resident, British and left a will in Spanish and English, stating that the property be left to my mother, "X appoints his wife heiress of his property in Spain...to be substituted by (his 3 children) where applicable..." (not the exact wording)

It also states that "his succession shall be governed by his national law at the moment of his death." - in other words - BRITISH law? (which is backed up by the extensive research I have conducted on the Internet into this!!)

My mothers lawyer is forcing us to agree to each obtaining a power of attorney document, get it signed by a notary and get NIE numbers by 29th Oct. I do not agree to this as I believe we shouldn't have inherited it! (until my mum dies)

The advice my mother has been given is extremely suspect (I contacted a British lawyer who agreed) and she has already shelled out nearly a 1,000euros on this, without even paying the inheritance tax!

Any advice gratefully received?!!!!(desperate)

Hello Charischaos,

In principle, Spanish Inheritance Law is to be applied when the British national’s only assets are in Spain. If your father also had assets in the UK, British Law would be applicable and your father´s last will, that states your mother is the sole beneficiary, will have to be respected.

Spanish Inheritance Law establishes that the children of a deceased person are the legitimate heirs of at least 2/3 of the inheritance lot, so the remaining usufruct, or life interest over 1/3, would be inherited by the living spouse.

If you have more questions that need more detailed answers, please feel free e-mail me. You will find my details if you click on my profile.

Regards,