Spanish law, no wills

Help, seem to be hitting a brick wall. My husband suddenly died the end of October, unfortunately we had not completed our wills. We are residents in Spain, my Spanish solicitor said we need to get a letter of administration from an English solicitor to say I would be the rightful heir under English law, the English solicitor said this is incorrect as we are domicile in Spain so we come under Spanish law. After reading everythin I can find on the Internet it appears that the British and Spanish government keep passing the buck. Any advice anyone can giv me would be greatly appreciated.

We have an excellent spanish solicitor if you would like to contact him I'm sure he'll put you right.

 

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regards

 

 

 I suggest you speak to the British embassy in Madrid for advice

 

This message was last edited by not smooth on 17/12/2012.

Dianeg, perhaps your Spanish solicitor just wants you to get comfirmation of the standard UK rules were someone dies intestate (without making a will) so that he can determine what would have happened if you were UK residents. The theory being that if Spanish and Uk law result in the assets being treated in the same way then your country of residence would be irrelevant.

From memory when I studied law many years ago In these circumstances in the UK the whole of the estate goes to the spouse be default.

Regards

further to Pm and in answer to statement spouse gets all. see flow chart about who inherits what when there is no will under \uk rules

 

 http://www.tollers.co.uk/system/docs/178/original/Rules%20of%20Intestacy%20Flowchart.pdf

 

http://costacalida.angloinfo.com/af/275/costa-calida-lawyers-law-firms-and-legal-advice.html

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"as a Building Society Manager i would often requests next of kin to provide this especialyy if UK estate was not liable to obtain a Grant of Probate - maybe this would be accepted by Spanish lawyer"

 

 

 

This message was last edited by chaddyowl on 25/12/2012.

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