Hi,
My husband, who died last year, had made a Spanish will leaving his share of our jointly owned property to his 4 children. I would like to know what are considered reasonable fees for the work the solicitor will need to do to transfer his 50% share of the property to the children. I have been told that their fees will be calculated as a percentage of the value of the estate but that they can charge this fee twice, under "clause 26", because the will is following foreign legislation, ie. not obligatory inheritors, even though the estate has passed to his children. Also, they will include the outstanding mortgage as an asset of the estate for the purposes of calculating their fees, although this will be classed as a debt for inheritance tax purposes. I'd be grateful for any views on whether this is common practise in dealing with Spanish wills of foreign nationals who have mortgaged property.
Thanks,
Alison