Inheritance anomalies

[uaruman]

My father died in January 2009. Although he was resident in the Uk (since 1946) he was the holder of a Spanish Passport. He was 90 years old, virtually blind and basically illiterate when it came to the written 'english language'.
It then transpired that during 2006, he had purchased a property in Alicante, using fax, emails and various other attachments which had been downloaded via a computer.

On further investigation it then appeared that a Spanish Will had been made, approximately one year later, which was in direct conflict with the English Will.
(Legally the British Will still stands in the UK). Uk 50/50 Spain 1/6th to me.

The British Bank involved in the transfer of these monies (The Halifax Bank) refused to disclose any information in this matter and are still refusing to disclose the relevant signature in respect of this transaction. This will shortly be part of a legal action.

I have refused to sign any paperwork in relation to the Spanish Will. Until the situation has been clarified as to how a sum of money in excess of 150k euros
reached Spain I have refused to be involved (for reasons which should be fairly
obvious).

I understand that without my signature of acceptance in Spain, nothing can progress any further, although various penalties (I have been led to believe) are now due.

Any suggestions as how to proceed further?

[lawbird]

Hi Uaruman,

We suggest you obtain a copy of the Spanish Will to see if there is a real conflict with the UK will and ascertain what are your father's last wishes in terms of his Spanish properties.

There is a registry in Spain that can be searched for in order to find any Spanish Wills your father has granted in the last few decades. You can obtain a copy of this will. Your father's spanish estate must be distributed in accordance with the Law and any of the twos Wills which take effect. Whether this will be the english one or the spanish one, this can only be ascertained by reviewing the paperwork.

You should then instruct a Lawyer to prepare the documentation and accept your estate before a Public Notary. For more information on this service, please visit the following link: http://www.lawbird.com/services/view/10/Estate-Transfer-to-Heirs

Should you wish to make contact with my firm and obtain a quote, please do so via this link: http://www.lawbird.com/services/contact

Kind regards,

[uaruman]

The English Will states clearly 50/50 between me and my brother. This is the original English Will. The Spanish Will was made much later and states 5/6 th
to my brother and 1/6th to me.

In English Law there is a presumption of undue influence in the situation as it stood at the time of my fathers death (by my brother against our father in the UK).

This will be the subject of a Court Case in the Uk in 2011. The allegations, along with undue influence are deliberately, and systematically, removing funds from the English Estate to Spain to increase his share of the inheritance.


Hope this clarified the situation better