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Squirrel Nutkin
08-01-2009, 05:17 PM
What a great site! I have found it very interesting and learnt a lot. Thank you. I dont know if there are any ideas out there to my own irritating dilemma?

Some years ago my father died in Spain. He owned a villa near Malaga with my stepmother which was jointly owned. She claimed that he had left a will and she had everything. She then wouldnt release the will and knowing my father, I suspect there wasnt one.

I see on this website that in order to sell the property she would have had to put the whole property in her name and would have needed proof he had left her the property but if there was no will how did she do this?

I also saw that if my father left no will then under Spanish law, I could or should have been entitled to 1/3 of the villa, have I understood this correctly.

There is a lot more to this story with my stepmother forging my fathers signiture some 3 months after he died in order to get money from his old company.

Can anyone give me some idea if I am barking up the wrong tree please. Should I just let it go?

Many thanks in advance.

Lawbird Lawyer
08-03-2009, 08:24 AM
Dear Sir/Madam,

Thank you for your kind words.

Regarding your query you didn't challenge her at the time and years have already passed since your father died. Why is this?

Taking for granted your father was British, so correct me if I'm wrong, the applicable inheritance laws would be his own national law (England & Wales). Your father would have free testamentary disposition, meaning he can leave his assets to whomever he pleases without being constrained by forced heirship rules.

Your stepmother needs, as you write, to have the property bequeathed to her at 100% to be able to sell it on. Maybe she's just waiting for the IHT liability to elapse before doing this. In this case the property would still be in joint names.

You can easily find out if the property is now solely under her name or is still in joint names by doing a land registry search by name:

Land Registry Search (http://www.lawbird.com/services/view/13/Land-Registry-Search---Search-by-Owner) - Search by Owner

If you have a death certificate of your father you could request a copy of his Spanish will (providing he did in fact make a Spanish will). All Spanish wills are registered.

More on this subject:

Free Testamentary Disposition for UK Citizens: Only if You Own Property in the UK (http://belegal.com/blog-by-antonio-flores/free-testamentary-disposition-for-uk-citizens/) - 22nd October 2008

Ways on How to Avoid Inheritance Tax on Spanish Property (http://www.marbella-lawyers.com/articles/showArticle/how-to-avoid-spanish-inheritance-tax-on-spanish-property) - 22nd June 2005

Applicable Inheritance Law to Estate Located in Spain (http://www.marbella-lawyers.com/articles/showArticle/spanish-estate-inheritance) - 16th April 2004

Spanish Inheritance Tax: How much is it? (http://www.marbella-lawyers.com/articles/showArticle/spain-inheritance-tax)- 1st February 2000


Yours faithfully,
Raymundo LarraÃ*n Nesbitt

Squirrel Nutkin
08-03-2009, 10:04 AM
Dear Sir

Thank you for your reply. Yes, my father was English. I did try to do something at the time but I kept coming up aganst brick walls. Even the Spanish lawyer didnt seem to do anything and my step mother lawyer would not pass on any information and just didnt answer fax and letter, phone calls. I was also going thru a divorce and simply gave up. It has always niggled me that she would not even pass on his signet ring! Dad did pass away in March 1999. I wonder if it is too late now to challenge her.

I am going to contact Dad's old company and see if they have any information on her whereabouts. If she is still in Spain I will then do the thing to find out about the property. She may well have come back here and sold the property but we dont know how if it was in joint names, which it was. If she can falsify letters to his old company, god knows what else she could have done! I noted in the paperwork I have that he held the deeds to his old business partners houses as they could not afford to pay him out when he wanted to retire. He also received £1,000 month from them which is the money she carried on collecting after his death even though she wasnt supposed to. It is these letters that she falsified in order for the money to be sent to a different account.

I'm babbling a bit really but would appreciate any comments you may have.

Kind regards

Squirrel Nutkin

Squirrel Nutkin
08-03-2009, 02:15 PM
Dear Sir

I have been busy trying to find out more information. My father did not leave a Spanish will or an English one. My step mother is still alive and it appears she has sold the villa in Spain to a German couple.

My gut feeling is that as there was no will, my fathers death would have reverted to English law and my step mother would have been entiitled to everything.

Do you know if this is the case please?

Kind regards and thank you again for your earlier message.

Kind regards

Squirrel Nutkin

Lawbird Lawyer
08-03-2009, 03:12 PM
Dear Sir/Madam,

In that case UK Intestacy laws would apply.

I'm not qualified to give advice on English & Welsh law but I believe yur case would have been as follows:

If you have a lawful spouse, plus children

If your estate is worth less than £125,000 then your spouse gets everything. If your estate is worth more than £125,000 then your spouse would get £125,000 and a life interest (ie the right to take interest on the remainder, but not the capital itself) in half of anything over this sum. Your children would get half the sum over £125,000 immediately and be entitled to the other half on the death of your spouse. Should any of your children die before you then their children would be entitled to take their parent's share.

A UK lawyer would be able to confirm on the above information.

Regards,

Squirrel Nutkin
08-04-2009, 09:45 AM
Dear Sir

Thank you again for your help. I have now spoken to an English Lawyer who said as you have said. It seems I now have to go to the Probate Offices and see if my eveil stepmother arranged the paperwork in order to sell the property and then find out how much the estate was worth in 1999.

Thank you so much again for all your help.

Kind regards

Squirrel Nutkin

Squirrel Nutkin
08-04-2009, 09:47 AM
The eveil stepmother is still living in Spain!

Lawbird Lawyer
08-04-2009, 12:02 PM
Dear Squirrel Nutkin,

You're welcome.

I hope your "evil" stepmother doesn't squirrel away what legitimately belongs to you!

Kind Regards,

Squirrel Nutkin
08-04-2009, 04:33 PM
Dear Sir

Thank you for yours which made me chuckle away, very funny.

Well the plot thickens, or maybe not. I have been to the Probate here in the UK and my father did leave a will! The "evil" step mother waited until nearly two years before she di whatever you have to do with wills!

She did tell me there was a will but would not pass it on to my solicitor at the time. Is it a fake? (I know she faked letters to my fathers old company of which I have copies). I have ordered a copy of the will and will have to wait patiently! UMMM!

Thank you again. ;)

Lawbird Lawyer
08-07-2009, 09:37 AM
You're welcome.

Let us know how you get along once you receive a copy of his last will.

Regards,

Squirrel Nutkin
08-07-2009, 03:04 PM
Dear Sir

The Will has arrived and the signiture resembles my fathers but if it was he who signed it, he was very ill. I did not hear that he was ill 6 months before he died. The evil stepmother waited until 1st November 2001 to send it to the British probate offices. It has one signiture on it who was Dad's best mate and I assume it was made in Spain but under British law. Would it have needed two signitures?

I feel totally flabbergasted at the moment! And very sad!

Kindest Regards

Squirrel Nutkin :(

Squirrel Nutkin
08-10-2009, 11:49 AM
Dear Sir

I hope you have had a good weekend :p

What is an NIE number? If you have one does that mean you have taken Spanish Nationality?

Many thanks

Squirrel Nutkin

Squirrel Nutkin
08-10-2009, 11:54 AM
Hi Again

Googled NIE number and found the answer. Many thanks again

;)

Lawbird Lawyer
08-11-2009, 10:11 AM
A NIE number is just a fiscal identification number for teh Spanish Tax Office.

You need it for example to file and pay Inheritance tax in Spain.

It bears no relation whatsoever with nationality.

You can browse our website on the matter:

nienumber.com (http://nienumber.com/)

Squirrel Nutkin
08-11-2009, 04:02 PM
Hello again

Well, a handwriting expert has had a quick look at Dad's signiture and asked if he was ill, mainly if he had Alzhiemers. I was not aware he had. The hospital on his death certificate is Hospital Comsiose Ax?gua. Does that mean anything to you? Its very difficult to read!

Getting frustrated!

Kind regards

Squirrel Nutkin

Squirrel Nutkin
08-29-2009, 05:34 PM
I have finally had my official reply from the handwriting expert and she believes that the signature on my fathers will was NOT done by him. Very interesting reading her analysis.

If I was to take this to the police and they decide to do something about it as fraud and my step mother is still living in Spain (I think she is), do you know what would happen? If she stayed in Spain and didnt ever some back to the UK would she escape prosecution?

Thank you

Kind regards

Squirrel Nutkin

Squirrel Nutkin
09-22-2009, 12:14 PM
Hello again
I am thinking to check if my step mother still owns proeprties in Malaga. By doing the search, will this show all properties she may have owned in past or only a possible present property? Also can I find out what properties my father may have owned before he died - 10 years ago!
Many thanks

Lawbird Lawyer
09-22-2009, 12:21 PM
Dear Squirrel,

You can command through us a Land Registry Service (http://www.lawbird.com/services/view/13/Land-Registry-Search---Search-by-Owner) which enables you to do a nationwide search on properties owned currently by your stepmother of your late father.

To do a different kind of search, such as properties that were held by them, you would have to go personally to the land registry where the properties are registered to request an "histórico". Obviously this is a catch-22 for you as you ignore where they are registered in the first place.

Regards,

Squirrel Nutkin
09-22-2009, 01:54 PM
Thank you for your reply. I may have a problem visiting personally - I'm in the UK!!!! I will see if she still owns anything now though.

I am assuming that the name Gaudencio Espinosa Valasco is Spanish? Is it?

Many thanks
Squirrel Nutkin

Lawbird Lawyer
09-22-2009, 02:03 PM
Sounds like it, yes.

Regards,

Squirrel Nutkin
09-22-2009, 02:47 PM
Thank you for that. This man is registered as living in a property here in the UK with evil step mother. However, also living there is her son and wife, I think, so I don't know if she bought the house but is living in Spain with the Spaniard. Investigations begin again.

Thank you for all your help with this - it is very much appreciated ;)

Lawbird Lawyer
09-22-2009, 03:31 PM
Anytime ;)

Best regards,

Squirrel Nutkin
01-01-2010, 05:36 PM
Well, lots has happened with regards to this case. The police now have the file and all I can do is wait. However, I think I have misunderstood this but if someone dies in Spain (they are English), and have left no Will does their property then go under Spanish Inheritance Law?

Thankyou :-)

aflores
01-05-2010, 01:52 PM
Spanish law will be applicable to English persons in the event that these do not have property in England (otherwise UK law would apply because under Spanish the estate of a deceased person cannot be fragmented into 2 different parts so as to receive a separate legal treatment by 2 different legislations).

Squirrel Nutkin
01-05-2010, 02:07 PM
Thank you for yours. But I am confused now. It has been established that my step mother did forge a Will which left her everything of my fathers following his death. I have been under the impression that she had to prove to the Spanish authorities that he left her his share in order for her to sell the property which she did in 2002, three years after he died. However, they had no properties in the UK so..... I am confused. The property in Spain would have come under Spanish Inheritance Law as he left no Will in Spain (or anywhere) so did she need to prove he left her his share as Spanish Law would have given it to her anyway or would they have asked what other siblings he had ie me (only daughter)

I apologise now if I am being a bit thick here!!!! :-)

Many thanks

Squirrel Nutkin
01-06-2010, 04:19 PM
I am even more confused now. I posted something on 1st and got a reply and then posted again yesterday and now I cant find the reply I got from my posting of the 1st! Am I going completely dotty? :(

ifv
01-06-2010, 07:26 PM
I am even more confused now. I posted something on 1st and got a reply and then posted again yesterday and now I cant find the reply I got from my posting of the 1st! Am I going completely dotty? :(

Sorry for that. The post by aflores was deleted by mistake. It has now been restored.

Regards

Squirrel Nutkin
01-07-2010, 09:45 AM
Thank you for yours. But I am confused now. It has been established that my step mother did forge a Will which left her everything of my fathers following his death. I have been under the impression that she had to prove to the Spanish authorities that he left her his share in order for her to sell the property which she did in 2002, three years after he died. However, they had no properties in the UK so..... I am confused. The property in Spain would have come under Spanish Inheritance Law as he left no Will in Spain (or anywhere) so did she need to prove he left her his share as Spanish Law would have given it to her anyway or would they have asked what other siblings he had ie me (only daughter)

I apologise now if I am being a bit thick here!!!! :-)

Many thanks

aflores
01-07-2010, 08:56 PM
Hello again,

Your mum does not need to prove to the authorities that the inheritance came under Spanish law nor English law. It is the person who wants to challenge the will who needs to prove that things were done incorrectly, i.e., that the will was forged, that Spanish law was applicable etc.

Squirrel Nutkin
01-08-2010, 10:17 AM
HI again and thank you. What is the IHT liability? I was under the impression she had to prove to the Spanish authorities that my father left her his share of the property? I understand it was jointly owned. I'm guessing it would not be easy to check that. That your own checking system is for current ownership, not past?

Thank you ;)

Squirrel Nutkin
01-08-2010, 10:19 AM
I did find out ages ago that the property was jointly owned with a small mortgage.

I's freezing here in the UK. Very very cold :(