Power of attorney

Afternoon folks...

I'm trying to find out whether the appointed power of attorney can change a will at anytime under catalan law. I'm responsible for appointing a POA for an inheritance due, and the decision regarding whom I appoint hinges on the answer to the question :)

I'm searching online, but have yeat been unable to find a definitive answer...

Thank you.

EDIT: apologies, I thought I was starting a new topic, not piggy backing onto someone else's !

Power of Attornery does not give them the right to change a will. Only the person making the will can do that and any changes need to be both witnessed and notarised.

Thank you...I think that's what I needed to clarify :)

As there was no will, and now both parties concerned are deceased...

How can a will be altered if there isn’t one?     Did I miss something there. 

Green

Just to clarify.  A POA dies with the person who made it.   

So if one has POA for say Fred.   When he dies it is no longer valid for any reason. 

Morning all...thank you for your responses.

Briando....I understand your confusion,  and maybe I didn' explain fully !

Both parties are now deceased,  there was no will and therefore half the estate sale goes to me by default, half to my step mother's children. I do not wish this to change, but a new POA  has to be appointed by me to enabe the sale...my concerns are around this appointment and whether they can change the default ...hope that clarifies! 

Morning all...thank you for your responses.

Briando....I understand your confusion,  and maybe I didn' explain fully !

Both parties are now deceased,  there was no will and therefore half the estate sale goes to me by default, half to my step mother's children. I do not wish this to change, but a new POA  has to be appointed by me to enabe the sale...my concerns are around this appointment and whether they can change the default ...hope that clarifies! 

Greenarmy

Just a thought

As you speak of both parties;  if one died before the other then there would have been an inheritance to sought out. Some of the assets probably went to the surviving one.  On the death of that person there was a separate inheritance to work out.

There are very restricted time limits to abide with and fines for not doing so.

I am reluctant ever to suggest engaging the services of a professional, but in your situation I would do so.

Yes I understand now thanks, maybe I did miss something sorry.  

We were advised early doors to ensure we had a Spanish will in place when owning any assets is Spain and ensuring they were cross referenced with UK wills.  

Just considering johns point, in this case a POA isn’t existing and can’t therefore die with the deceased.   If your having to set up a POA it’s in your names on your instructions is it?

Im sure it’s an interesting post for a lot of people.

Greenarmy

In looking around the internet I see, in the case of no Wills, mention of descendant and ascendants. I did not see anything about step relationships.

Also in Spain there maybe complications about what constitutes the deceased ‘s  assets.    

I understand that when one marries in Spain neither party acquirers rights to the other's pre-marriage assets.  So say one party has family money the spouse does not have any claim on that in the event of a divorce:.  I expect that may also apply in ten case of death

Another possible complication when sorting out things out

As we always hear it is so important to make a Will, especially in Spain.

Hmmmmm.   Sounds like another nice little earner for lawyers!    

Who is in charge of these laws in Spain?    

johnzx

"I understand that when one marries in Spain neither party acquirers rights to the other's pre-marriage assets.  So say one party has family money the spouse does not have any claim on that in the event of a divorce:.  I expect that may also apply in ten case of death".

This is correct, but it even depends on the region where you get married. But generally correct! And yes: this is applicable on a divorce and on death, but if you are a UK citizen, you can make your will according to your national law, even in Spain, with the right to leave anything you have to anyone you want.

johnzx

"I understand that when one marries in Spain neither party acquirers rights to the other's pre-marriage assets.  So say one party has family money the spouse does not have any claim on that in the event of a divorce:.  I expect that may also apply in ten case of death".

This is correct, but it even depends on the region where you get married. But generally correct! And yes: this is applicable on a divorce and on death, but if you are a UK citizen, you can make your will according to your national law, even in Spain, with the right to leave anything you have to anyone you want.

MMF

Just to clarify that 

Any who is not a Spanish national can make a Will in Spain which will be administered under the inheritance laws of their country.

Correct: we can say that the formalities will always be according to Spanish law, but the law that rules the inheritance can be opted for: Spanish law or your national law.

This is why UK citizens can leave everything to their next door neighbour, but we Spanish need to leave BY LAW a third of our estate to what we call "legitimate heirs": children - if no children, parents - if no parents, siblings.

Yes, correct! Under the EU Regulation (Brussels IV), non-Spanish nationals residing in Spain can choose the law of their nationality to govern their succession by making a will in Spain. This is possible even for UK nationals, despite the UK not adhering to Brussels IV and leaving the EU.

The regulation allows individuals to apply their national law to their estate, ensuring their will is administered according to their preferences. However, it's crucial to note that while the choice of law affects how the estate is divided, local tax laws, such as those in Spain, still apply to the assets located there if you are a non resident, and to the whole Global Estate if you are a resident, with the corresponding application of Double Tax Treaties.