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Thread: Childrens right to inheret

  1. #1
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    Exclamation Childrens right to inheret

    I am trying to help my wife - A brief overview: Her mother died 10 years ago and her father re-married within weeks to a women who, over a short time, drove a wedge between what was once a stable and close family. My wife and her sister were pushed away and not invited to the wedding - 10 years later and her Dad dies having not made-up with (or seen) his daughters. During his second marriage my wifes father used proceeds of the sale of what was the family home where my wife grew up to buy 2 properties in Spain (not sure where). One for rental income by way of rental and the other for the 'new' family to enjoy.

    My wifes sister held their fathers Will which pledged (at that time) all assets to his grandchildren. We have no doubt that a new will has been drawn up to create new beneficiaries - we simply don't know.

    Is there any way to find out some facts and determine whether the daughters have any rights to Spanish assets?

  2. #2
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

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    Dear Sir,

    I politely refer you to the following article that wraps up the matter:

    Spanish Inheritance Tax: Advantages of Making a Will in Spain - 3rd September 2009

    If your father-in-law held British citizenship he had freedom of testamentary disposition, meaning he could bequeath his Spanish estate to whomever he pleased.

    If there's a -new- Spanish will granted in Spain then you only have to follow the instructions in my article above to get hold of a copy:


    4. Spanish wills are stored safely at no extra charge.

    On you making a Spanish will you will be given only a “copia simple” (simple copy) or “copia autorizada”. The original is stored by the Notary in his files for record. The Notary will send off to Madrid the details of this will to a registry known as “Registro General de Actos de Última Voluntad” (Central Registry of Last Wills) for safekeeping. Your beneficiaries can always request an authorised copy (“copia autorizada”) of the testator’s last will from the Notary who witnessed it. You can always know before which Notary it was made (if you happen not to know it) by means of requesting a “Certificado de Últimas Voluntades” from the aforementioned Central Registry of Last Wills. It’s just an A4 sized sheet of paper from the Ministry of Justice with the seal of the said registry which specifies which Spanish Notary witnessed the last will and the date on which it was made. The latest will always overrule any prior will unless specified otherwise.

    Should you lose your copy, the notary office burn down or you simply don’t know before which Spanish Notary the will was made, don’t panic, it doesn’t matter really. All Spanish will’s details are stored safely in the said registry free of charge. One can always request a copy and they will let you know before which Notary it was witnessed if you believe you are a beneficiary. You will have to provide an original death certificate (translated into Spanish with the Apostille seal affixed if the death occurred abroad) and the original “Certificado de Últimas Voluntades” (Certificate of Last Will). The Spanish death certificate is obtained from the civil registry in the municipality in which the death took place.

    Be wary of opportunistic companies that charge you an annual fee to store “safely” your Spanish will. As read above, this is unnecessary and they are just taking advantage of you.
    Yours faithfully,
    Raymundo Larra*n Nesbitt

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