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Thread: Dying intestate

  1. #1
    Unregistered
    Guest

    Default 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?

  2. #2

    Default

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

  3. #3
    Junior Member
    Join Date
    Apr 2019
    Posts
    1

    Default

    What happens if the two wills contradict each other in a situation like this?

  4. #4

    Default

    Hello Teeple,

    The one with the most recent date prevails.

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

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