Posted: 24 November 2011 11:12 AM  
Total Posts:  682
Joined  2007-11-01

Are there any lawyer type members out there who might know about this?

Situation -
Friend has UK debts (more than 7yrs old, hasn’t paid since they left UK. Or informed creditors of new address here.
Things have got a bit better for them (a little! Not a lot!)...
They are hoping to become a home owner here…. And will write a Spanish will, but under UK laws, stating which
family member they wish to leave the property to when they die. (Unlike Spanish law where all the immediate family
are automatically entitled to an equal share).

They are worried that if a Spanish will is read (that has the UK bit in), that the ‘authorities’ in the UK will be alerted to the
fact that they have assets now, and that this will be taken to clear the debts.

IMO - Unless the debit agencies/creditors are so keen to get the amount they owe, and have kept the debt case active all this time, plus they somehow have to find out about the Spanish Will/Property, then they should be OK?

Any views/actual information on this?


PS This person is only just about to become resident here officially. (Before now has been back and forth.) Also, they are about to get a fixed part time job here, so will be visible as paying tax and social secutiry here.)

Posted: 02 December 2011 07:13 AM   [ # 1 ]  
Total Posts:  682
Joined  2007-11-01

I have been reliably informed (by a UK lawyer/debt collector and the Debt Advisory Service in the uK) that any UK debts will still be live if the lenders are chasing them/kep them active.

Therefore, any assests, anywhere in the world are at risk…..

Posted: 14 December 2011 10:03 PM   [ # 2 ]  
Total Posts:  55
Joined  2009-08-19

Not a 100% sure but I think that the statute of limitations comes into play after 6 years meaning that after that time they cannot legally pursue the debt using the legal system.

Posted: 14 December 2011 11:15 PM   [ # 3 ]  
Total Posts:  265
Joined  2011-09-10

Susan :

It would be best to consult a lawyer on this point, rather than allow things to get out of hand.

I expect much will depend on the amount of money owed, and to whom.  There are a lot of professional tracing agencies, and they can locate people., whether or not there is a will in place. 
Do seek legal advice.