Swiss father, Swiss will, Spanish apartment

[nypaloto]

My father passed away last year. Part of his estate is an apartment in Sotogrande, Cadiz. As per his will (handwritten, Switzerland), the apartment will transfer to his widow (2nd marriage). However, now I was told (by the widow's lawyer), that, per Spanish law, which overrides the Swiss will, we (widow, my brother and I) each own 1/3 of the property - thus will have to participate in the EUR 80,000 inheritance tax and the monthly/annual maintenance costs, etc.

My questions are:

1) Is that correct?
2) If yes, who'd decide who could live in the apartment, when to sell, when to rent it out, etc?

I understand that signing a waiver would be an option, and I'd likely go for it. But just wanted to know (some of) the facts before doing so.

Thanks!

[lawbird]

Dear Sir,

The Law applicable to the distribution of the estate shall be determined by reference to the nationality of the deceased. If your father was a spanish national, then Spanish Law will apply. You and your brother could be entitled to 1 or 2 thirds of the property, depending on the validity and content of the will that has been granted in Switzerland. Should you be interested in accepting this estate, you and your brother could acquire ownership rights over a share in the property (and subject to any occupation rights that the widow may also be entitled to under the inheritance). In other words, she may have the right to possess the property throughout a period of time but you will be the registered owner of your share until you sell it.

If you are interested in instructing a Lawyer to represent you in the inheritance proceeding (whether to accept it or reject), please do not hesitate to contact us at info @ lawbird.com

Kind regards,