hi, guys, i came across this forum and joined for the interest of asking your best guidance and opinions on some matters.
My mom who got married 10 months ago, passed away and left a will here in UK. Her husband and her bought a property there in Spain just after they got married. As I remembered my mom told me that they made a will in Spain and that i will get half of the property when something happen to her and her husband. My SF (stepfather) was furious to find out that he has no right to my mom’s immovable properties here in UK and will only have a third of immovable properties.
My question is will I have any right with the properties in Spain? SF was telling me that he bought the property in Spain with his own money and that my mom never shared a penny although it was under joint name. And another thing, if ever i have a right, can he contest it? And how would i know and find out about the will in Spain, i havent seen the property at all and nver knew where it really is.
A will is made by your mothers lawyer in Spain, so you should try to find out who that was.
You know the city she lived in I hope, try to contact the townhall and get more information there.
My mom never lived there yet, after they bought the villa, they just went back and fort from uk to spain to tidy up and bought things for the house because its not furnished yet. But i will have a look for the address. SF is there at the moment and God knows what he was doing,,but definitely enjoying his drinks.
Is there anyway that he can change anything from the will, solicitor here was asking him to bring some documents when he comes back but i dont know if he will.
you need to know the area the propertie is , go two her UK bank and fine out for the bank statement where momey was going ... give lead to where and when
you need to know the area the propertie is , go two her UK bank and fine out for the bank statement where momey was going ... give lead to where and when
Yes and as soon as you have this information, ask your lawyer/notary in England to contact the bank about this situation.
Your mom will have paid her Spanish lawyer by bank (maybe even from the English account?), so the Spanish bank may be able to tell you who the lawyer is ...
Thanks, Clav, actually i could not really just digged into my mom’s account and other documents because SF locked them all in his filing cabinet so i would not have any access at all. SF dealt with everything in spain and they have a joint account, so dont think i can have any access to their bank account. SF told me that he solely bought the property and it is his alone so i dont have any right to it, although he put my mom’s name as co-owner of the property and therefore my mom put my name as her heirer if something happend to her. I think the place is in Murcia if I am not mistaken..He’s coming back soon from there and hopefully got the paper works the solicitor was asking him. and hopefully he is not reading this at all..:(
Well I hope you will be able to find out as much as possible.
The notary or lawyer dealing with the will and property of your mom in UK will have acces to her bankingaccount if he asks the bak to have acces, so that’s what you can start with. This way he will be able to see if money has been transfert to an account in Spain and the bank will be able to give him the information who that account is from.
So this way you will be able to find out a lot of information I think.
Best of luck !!
hi, everyone,,i know now for sure that the property is in Murcia, but problem is,,SF came back and told solicitor that my mom’s will of the villa share is only on his name. He gave some documents to the solicitor but my worry is,,can he not changed the will to favour him alone?
Are wills not kept by government ie, locked somewhere that nobody can alter or changed? Because as I can remember, my mom was saying I must fight for that right of property if something happen to her. I dont have any access to bank accounts in Spain because it is SF own bank account, I think that was used.
I am really confused. Hope somebody could make things a lot clearer for me. Thanks
Mac…im afraid your information is incorrect…..all wills signed by a Notary in Spain are recorded in the Registro de Ultimas Voluntades….if Indaybs mother signed a will in front of a notary it will be recorded…it will also show which notary signed it so a copy can be obtained.
Dun Marching
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Maybe we have some crossed wires here….I meant that when you stated “Also no Government keeps Wills Its either the Person has it or Persons family or Solicitor that has it?” you were incorrect.
The Registro General de Actos de ?ltima Voluntad is a part of the Ministry of Justice…its role is to record all wills signed before a notary…
Dun Marching you are indeed correct - ALL Spanish wills which have been made officially at a Spanish Notary are centrally registered under Spanish Law (unlike UK where no central register exists)
Children will benefit automatically under Spanish law.
Many people in galicia and other parts of Spain choose to keep there wills at homE yes other people
chose there local nottary to hold there will what I am saying “IT IS NOT COMPULSARY”
Like rob says indeed its a great idea. 😊 unlike the snobs I deal with here in Malaga I know doubt
That when they pass they will want all there assets burried or burnt along side them!
I wasn’t intending to get into a pissing contest with you, so I won’t, I was merely pointing out that you were imparting erroneous information…and as this forum is intended to help those who are intending to, or already have, moved to this beautiful country( I myself arrived in 1965 )...I felt that, as someone who works in the probate / inheritance field here on the Costa del Sol, the correct information should be (must be) posted, by the people who know the subject matter.
So be a sport..take it on the chin…do a quick internal Homer Simpson “Doh!” and crack on….
Dun Marching
PS….my apologies if this post seems a little antagonistic…I’ve just given up smoking (again!)...and there’s some bugger outside my office having a fag…I know he’s doing it on purpose to wind me up….grrrrrr
