spanish law probate

[lloydy]

HI CAN ANYONE HELP WITH ADVICE , my mother passed away 1.1.2010 she lived in spain for 10 years plus & had made a will which i was not put in, to my surprize ,can i contest this or under spanish law of Inheritance, do children have an automatic right to a part of the Estate on a parents death, even if they are not expressly mentioned in their Last Will and Testament. there is a property in spain and husband / boyfriend. thanks

[Lawbird Lawyer]

Dear Sir or Madam

The matter is complex, in some cases children are entitled to inherit part of the estate following Spanish laws.

What nationality was your later mother?

Yours sincerely
Raymundo LarraÃ*n Nesbitt

[lloydy]

hi my mum was born in eire( south ireland ) were she had been living 10 years before she moved to spain ,

[Lawbird Lawyer]

Hi

Irish nationals have freedom of testamentary disposition in Spain providing they own real estate in the RoI.

If this is not the case then Spain's forced heirship rules would apply and the children would be entitled legally to 2/3 of the Spanish estate.

You can read further in this blog post:

Free Testamentary Disposition for UK Citizens: Only if You Own Property in the UK - 22nd October 2008