Spanish property - deeds, inheritance 1973

[krull]

Although we have engaged solicitors who appear to be helpful and know what they are talking about, there are probably different perspectives on this saga so I’d very much appreciate any other observations anyone might have.

My father bought an apartment on the Costa Brava in 1965. He subsequently died in 1973; I can find no Spanish will but in his English will he left his entire estate to my mother. I remember at the time my mother had difficulties in sorting the apartment out – I believe that the deeds to the apartment had been lost by our English Solicitors when merging with another company. Clearly attempts were made (see documentation below) but It looks as though nothing was ever resolved. I am at a loss to know why the Spanish Consul would have issued documents that seem to carry no weight whatsoever and why, if Power of Attorney was given, the attorney doesn’t appear to have done anything.

My mother died in April this year; she had a Spanish will in which she left the apartment to my brother and me. However, according to our solicitors the property is still registered in my father’s name at the land registry and they say that we will now have to deal with two lots of inheritance.

I have sent the documentation we have to the solicitors whose comments are as follows:

Copia de la Escritura (my mother's name dated 1975) - Regrettably, this Escritura (Deed) signed in London by your late mother in the presence of the Spanish Consul in 1975 it is not the Inheritance Deed but a Power of Attorney granted in favour of Mr Jaime Gascon Fernandez to deal with your late father’s inheritance formalities in Spain.

Death Certificate and Will of my father who died 1973
This is a copy of your late father’s Grant of Probate & Will. The Grant of Probate has a legalisation issued by the Spanish Consular Section. However there is no Apostille or official translation thereof.

Copia Certificada de un asiento (my father)
This is a translation of the your late father’s Death Certificate, which bears a stamp from the Spanish consular section but states this not to be an official translation thereof.

Town Hall statements are in my mother's name as Widow of...

Thanks to anyone who can throw light on this. Kate

[maths]

I find it difficult to offer any helpful advice as your situation depends upon the facts rather than points of principle.

Generally speaking, it is strongly advisable to execute a will under Spanish law re Spanish real estate; this, I believe, avoids the so-called "forced heirship" laws of Spain. Your father appears to not have done this and I am therefore unsure as to the extent of the application of the forced heirship rules (2/3rds to the children I believe) on his death; if applicable, this would mean mother only has 1/3rd to leave under her Spanish will.

This should be something which your advisors should be able to advise on relatively easily.

Many UK firms of solicitors have in the UK "in-house" Spanish speaking solicitors who you could meet in the UK and discuss the position.

There are one or two Spanish based contributors to this website and they may be contacted.

[krull]

Thank you for replying. Your comments alarm me a little as there were four children in 1973 but now there are only two of us and six nephews and nieces, children of my two deceased brothers. But I take your point that the circumstances are particular and therefore probably not suitable for further discussion on this forum. At least we are forearmed and I appreciate your help. Kate

[jvenegas16]

The fact that there is no will it makes things a little bit more complicated. Inheritance law, based on Civil Law, protect the spouses and the heirs by allocating them 1/3 of the estate. In majority of cases, spouses leave everything to the surviving spouse, however, the children can demand their share of that if they wish and they can also surrender their share of the estate if they wish to do so too.

It is difficult to give you advice on this forum as further details will be required along with documents, etc.

Inheritance tax will be paid by the heirs on the share of the estate after the corresponding adjustment as relatives in 1st, 2nd or 3rd grade and the deduction of their personal allowance. Then the corresponding rate will apply.

Regards,

Juan Carlos
juan@fiscalaccounts.eu