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Thread: Dying intestate

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  1. #1
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    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 there´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
    Legal Assistant at Lawbird
    Check My Profile

  3. #3
    Junior Member
    Join Date
    Apr 2019
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    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
    Legal Assistant at Lawbird
    Check My Profile

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