My parents moved from UK to Spain about 7 years ago. Bought a property. No other estate. Due to a family feud my brother and I fell out with our sister and consequently parents took her side and have not spoken to us for a few years. A couple of days ago I received a scribbled note saying my mother had passed and been cremated and sister had just got back. Needless to say my brother and I are in total shock. Whilst dealing with this, we both Feel very angry at being told like this.

I have some questions you may be able to help. I have done some research, but would like to know if I am doing this correctly.

A) how do I contact “Registro Central de Actos de ?ltima Voluntad” ? to find out if there is a will? Can you email them? U think I know the region they lived but sister refuses to give us address.
B) how can I find out the names on the property? (not sure if father had it in sole name)
C) read various differing sites - if property in both names and no will do we have any claim?
D) I would not put it past my father and sister to just not mention us at any legal hearing. Is there anywhere you can register as a sibling of the deceased should they try this?

Money is tight between us so need to do what I can myself for us both.

Please advise however possible. Many thanks.

Under Spanish law all children have a claim. But in your case it might be a third (being 3 children) of a half (the share of the deceased)

All Spanish wills are centrally registered and so an enquiry should be possible, maybe with just a name and an NIE (Spanish NI number)

All (legal) Spanish properties are registered in the local land registry office - and anyone can make an enquiry - but you need the details of the property.

In some cases IHT will be due that must be paid up front before inheriting.

To be honest I think you will need the services of a Spanish legal representative.

Don’t forget also that if you do inherit you also become responsible for a share of taxes and maybe other costs of the house - you may need to consider if it is worth it, especially if you plan to ultimately sell it, values are very low during the current crisis.

Thanks Rob for your response.

I do not have my mothers NIE number. I think I know the region and town , but not address. Can I just write to the local land registry office for that area, although I read all wills are recorded in Madrid, so if all else fails then that could be a last resort.

Is there a threshold before IHT is due? I am guessing the property is not that valuable anyway and my father would still be living in it.  Just don’t want my sister to jump In claiming it all if and when it’s free and cutting everyone else out. Do grandchildren have a claim too or not?

Thanks.

I don’t think you will get much joy from land registry without the property reference details (catastral numbers etc) not sure about the will you can try without NIE number, I don’t know how they file/record them.

You will get a tax allowance, but reduced as you are not a Spanish resident (I assume) which might be enough to offset you tax liability - this area is complex and depends on region etc.

Still say you need professional help - just googled ‘spanish solicitors in uk’ and got a load of hits, that might be the best idea.

Thanks, will take a look. Appreciate your help.