Dying intestate

[Unregistered]

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?

[Patricia]

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,

[Teeple]

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

[Patricia]

Hello Teeple,

The one with the most recent date prevails.

Regards,