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Thread: Aunts will

  1. #1
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    Default Aunts will

    My Aunt has just died in Spain. She had lived there for 30 years. She had recently sold her property and her Spanish assets consist only of 3 bank accounts totaling 150,000 euros. In a Spanish Will dated 1985 she leaves her property to my mother - her sister in law, this will was not rewritten when she sold her property. The Spanish solicitor who has the will says the money from the property sale will go to my mother and will be liable for Spanish Inheritance Tax. My Aunt has also left an English Will written in 1987 leaving all her assets to be liquidised and shared between 10 nieces and nephews.
    My Aunt was Dutch, married an Englisman, lived and worked in England and went to spain in 1982.

    Any ideas which will is valid with regard to the money in Spain?

    This all seems confusing and we want to make sure that the money goes to the right person/people whilst protecting the capital sum as much as possible.

    The Spanish Lawyer is getting on with things that end, we will be making contact with the soilicitor holding the english will on Monday.

  2. #2

    Default

    Hello,

    It is important to make sure that the Spanish will only applies to the property specificllay, because if the Spanish will does not make any reference to her bank accounts or other assets in Spain, your mother would only be inheritor of the property itself. The appliccable will for your aunt´s bank accounts ( general assets ) is then the British one; It would be quite important to read very carefully the Spanish will, as the normal procedure is that all, assets and properties, are included in the will.

    In any case, the appliccable will is the latest one, that is, the british one. However, if the British will has not been registered in Spain, the Notary will consider your mother to be the inheritor of the value of the sale of your aunt´s property.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  3. #3
    Unregistered
    Guest

    Default

    Thank you, that helps a little. We are still waiting for the Spanish Lawyer to validate the will in Spain so will have to wait until then to make any headway.
    Thanks for the help.

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