Evil Stepmother Living in Spain....

[Squirrel Nutkin]

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]

Anytime

Best regards,

[Squirrel Nutkin]

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]

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]

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]

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]

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]

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]

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]

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