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Dying intestate
Hi,
My father sadly died 11 days ago. He had properties in the U.K. and in Spain. He left a will for his UK properties (split between his fairly new wife and my sister and I) but my sister and I are unsure if there was a Spanish will. My father lived in the UK and only holidayed in Spain.
How do we find this out? If he died intestate, then what rules apply?
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Hello
Please accept my condolences for your loss.
A Last will certificate can be applied for at the Registry of Last Wills in Spain. If the deceased left a will, you can obtain a copy as long as you are a legitimate party and you can prove the grantor passed away.
Whatever has been stipulated in a British Will, can be applied to the properties owned in Spain, though there are certain requirements:
- That the Will has been authenticated by the Family Court in the UK.
- That the Will appoints heirs and not only executors.
- That it was signed after the Spanish Will ( if thereĀ“s any) and mentions instructions regarding the properties located in Spain.
- That the UK Will does not contradict the Spanish one as in that case the Spanish one can be legally cancelled.
Regards,
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What happens if the two wills contradict each other in a situation like this?
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Hello Teeple,
The one with the most recent date prevails.
Regards,