PDA

View Full Version : Inheritance Advice wanted (no will)



lisajh29
02-23-2011, 06:43 PM
My Father In Law and his wife moved to Spain about 3 years ago. Sadly, my FIL contracted cancer not long after moving there and passed away in December.

The facts are:

2nd Marriage
Father in Law has 2 sons, his wife has 1 son

He left no will (in UK or in Spain) and there was no life insurance
There is an outstanding mortgage on the property

His wife wants to sell the property so she can move back to the UK.

She was previously told she came under British law but her lawyer cousin has now said that as there is no property in the UK, she comes under Spanish law.

We had read that British owners, (country with a different Law System: Common Law) should also note that, although Spanish Law states that British Law applies in the event of your death, British Law states that it is the Law in the country where the asset is situated, i.e. Spain, which determines the legal heirs.

So does that basically mean that regardless of whether we come under British or Spainish law, that his half of the house goes to his 2 sons?

If so, they want to renounce their inheritance so that FIL wife can sell the house and come back to the UK. She has been messed about a bit and has spent money on letters and translations and we just need to understand what is the correct process to follow so she can be sole owner of the house to get it sold.

Also she says that in Spain, it all needs to be sorted in 6 months. 3 months have passed, the bank accounts are frozen and if it not sorted within the next 3 months, we will all be liable for fines? Under Spanish law, are all the heirs liable for the debt also? We are British.

Thanks