Beneficiary

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19 Dec 2012 3:40 PM by SusanFord Star rating. 6 posts Send private message

My Spanish friend cared for an Englishman and his wife, the man died 4 years ago and he left everything in his will to my friend, because she agreed to care for his wife with Alzheimers, thenew will was made in Spain and he lived in Spain for many years, he spoke Spanish fluently and the probate was dealt with.   His wife lives in my friends house, yesterday the Spanish solicitor contacted her saying the mans daughter is disputing the will, my friend is worried that she will be forced to pay it all back,  does any one know what the status is on a disputed will in Spain.  Prior to man making his new will in Spain his daughter who lives in England insisted he went to a psychiatrist,  which he did and the psychiatrist  confirmed he was of sound mind!   When he died my friend asked the daughter how she felt about him leaving everything to her and she said she was happy.

Earlier this year it was discovered that a significant amount of money was paid into their joint account, my friend learned about the transaction 5 months after it was sent, the firm (UK Soliocitors) who sent the money to the account requested it be returned to them, I contacted the solicitors and they will not communicate with me or my friend!   Anyone got any ideas PLEASE

 





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19 Dec 2012 4:08 PM by johnzx Star rating in Spain. 5242 posts Send private message

Earlier this year it was discovered that a significant amount of money was paid into their joint account, my friend learned about the transaction 5 months after it was sent, the firm (UK Soliocitors) who sent the money to the account requested it be returned to them,
 
Not sure what you mean by that
 
If it is that there was still a joint account after one of the holders died, then that cannot happen.  All accounts are frozen on the death of one or more account holders.
 
That even applies to husband and wife joint accounts, both in Spain and UK,  thus, although one may not feel like doing it, if one’s partner dies, get down to the bank and draw out every euro in any joint account. or you may be waiting for it,  for some time.





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19 Dec 2012 5:04 PM by SusanFord Star rating. 6 posts Send private message

Thank you for your reply, I have caused confusion, there are two issues

My friend the beneficiary of the mans will does not speak English and she asked me to help her  I contacted, friends,  UK Pension office all banks, insurance companies etc., she told me the man had told heer there was an account where a huge sum  the bank where the huge sum was paid into earlier this year, did not reply when I contacted them 4 years ago, my friend went to the bank who told her the funds had been returned to the solicitors, I am assuming this money was a bond or something.   The bank insisted you went to a solicitor and provide copies of all documents which she did and has now ran up a bill of £400 and the bank will not communicate with her despite them being given all the documents!

2nd issue, this week the Spanish Solicitor who prepared the will for the Englishman called my friend and told her THE MANS  daughter is now disputing the will, 4 years after his death, it seems odd that huge sum arrived and the daughter has come out of the woodwork, can his daughter dispute the will?   The fact that the money is frozen is not an issue my friend understands but now the daughter disputing the will is causing my friend many headaches, naturally she has spent some of the money he left her.

The wife has Altzheimers, her son with first marriage never contacts, I found one letter from him to the man asking him to ensure the solicitor has his address when his mother dies, nice guy egh, I have tried contacting him to give him an update on his mum and he ignores my correspondence and photos

The main query is can she get the will reversed in her favour?   I met the man and he was alert and on the ball.





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20 Dec 2012 12:07 PM by norm de plume Star rating in North Tenerife and L.... 162 posts Send private message

This is too complex an issue to be dealt with on here.  You really will have to let the lawyers sort it out, even if it costs money.

 


This message was last edited by norm de plume on 20/12/2012.



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20 Dec 2012 1:43 PM by susanFord Star rating. 6 posts Send private message

Thank you so much for taking the time to reply, you are right of course she should go to a lawyer, the problem here is what they cost, sadly she does not have the money to instruct a lawyer and to make matters worse the lady died last night, so now my friend has got funeral expenses too..

Kind regards

Sue





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