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Thread: How the property will be divided after husband's death (there is no Will)?

  1. #1
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    Post How the property will be divided after husband's death (there is no Will)?

    Family consists of 4 members - husband, wife, 2 children over 21. Husband dies. How the property will be divided between members of the family under Spanish Law? There is no Will both in Spain and in the country of main residents. Also, both of the husband's parents are alive.

  2. #2
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    Dear Madam,

    What's the nationality of the deceased?

    Yours faithfully,

  3. #3
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    Nationality - Russian Federation. Main place of residents - also Russia. But the death occured in Spain.
    It was actually my next questions - the estate of the deceased in Spain will be distributed according to the Spanish Law of succession or the Russian one? There is no Will.

    Thank you very much indeed

  4. #4
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    Dear Madam,

    Russian Federation Intestacy rules apply.

    Our Legal System makes applicable the the laws of the deceased's nationality.

    I'm afraid you must seek the advice of a Russian lawyer on this point.

    Please read our article on the matter:

    Applicable Inheritance Law to Estate Located in Spain - 16th April 2004

    A Certificado de Ley (or Certificate of Russian Intestacy Law) will be required to dispose of his Spanish estate.

    Yours faithfully,
    Last edited by Lawbird Lawyer; 10-16-2009 at 10:30 AM.

  5. #5
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    Thank you very much for your answer. Does it make any difference if the death occured in Spain?

  6. #6
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    No difference.

    Will just make your life easier on requesting the Death Certicate from the Civil Registry saving you money, hassle and time.

  7. #7
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    Hello,

    I am in the same situation in relation to death of an owner (grandfather) of a Spanish property but with no English OR Spanish Will.
    His wife paid for part of the house, but the Spanish law says that the property should be left to the eldest Son (my father)
    What happens as the Grandfather was and his family are British Citizens?

    Many thanks,

    Emma

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