15 Apr 2017 1:48 PM:

It has been very interesting reading everyone's thoughts and opinions.  Clearly, my father was encouraged to make a Will in accordance with his own national law as this meant he could be manipulated to have testamentary freedom, thereby the 'carer' could override the family.  However, the background is undoubtedly fraud, as this person not only manged to avail herself of my father's estate but also that of my late stepmother including her property.  As she was already in the late stages of Alzheimer's when my father passed away, this was the reason why my father was coerced into make his estate avaiable to said 'carer.'  A substantial amount of money was withdrawn by my father prior to his passing away, accompanied by said 'carer'.  So the background is most definitely fraud as this person has used legal means drawing up various documents which include a forged signature, aided by the notary who never questioned the situation,  to manipulate a vulnerable person, (I have not involved myself in the fraud regarding my stepmother as she has a son who, unwisely, decided not to pursue the matter.) 

This is my second attempt to get justice.  My first attempt failed as the Judge said it was not a criminal case but civil!  So, this, according to my solicitor is my best chance of becoming my father's rightful heir.  As all my rights have been stripped by this woman, I am hoping to win my case so that I may find out where the money went.  Coincidentally, an appartment was purchased by said 'carer' around the time of the withdrawal of funds!  It has been like peeling an onion.  Slowly more things have emerged due to the dilligence of my solicitor. As I said, the case was scheduled for the 27th of this month but has now been suspended.  As yet I don't know why.  So, Happy Easter one and all!

Thread: A battle of Wills - A cautionary tale.

--------------------------------------

13 Apr 2017 2:03 PM:

Thank you for all your comments.  I cannot see how the Notary could deem my father to have sufficient capacity due to his medical condition at the time and especially as he was being 'controlled' but a Spanish woman half his age who was to be the sole benificiary, in place of his family.  However, this is not the main argument to the case, only the background.  It is the Law of conflict, cross border inheritance issues but I still do not understand how a Will drawn up in Spain does not have to be independently witnessed.  I have a very strong feeling that my father was subjected to undue influence at the time of signing i.e. that the sole beneficiary was present, but of course I can't prove it.  Anyway, having made all my plans to be in Estepona for the Court case, I am now informed it has been suspended!  Que alegria!

Thread: A battle of Wills - A cautionary tale.

--------------------------------------

11 Apr 2017 4:25 PM:

Hello Johnzx,

Thank you for your reply.  As I understand the law until 2015, if a British person had no assets in the UK and had no intention of returning to the UK and particularly being in receipt of a Spanish pension having been employed in Spain as was my father, then Spanish succession Law should apply.  It is a complicated issue as the two Laws are in conflict but as my father's blood relative, I am cautiously optimistic of winning my case.  To have tried to overturn the Will due to my father's lack of capacity would have been more difficult to achieve a positive result although I KNOW he was not of sound mind as he would never have disinherited his daughter but proving it is another matter.

Thread: A battle of Wills - A cautionary tale.

--------------------------------------

11 Apr 2017 12:53 PM:

In approximately 2 weeks time I appear in court in Estepona to contest my late father's Will under the cross border inheritance Law.  Upon I his death I learned that I had been disinherited in favour of a Spanish woman who had been in control during the last 3 years of his life, when had become ill with dementia and therefore easy to manipulate. 

I find the process of making a Will in Spain to be a very casual affair and wide open to corrupt practice.  At nearly 90 years old, having suffered a serious fall resulting in a bleed to the brain, a Notary was summoned to his hospital bedside by said 'carer.'  The Notary did not consult his doctor as to whether he had sufficient capacity to make a Will, bearing in mind he was about to disinherit not only his daughter, but also his wife (my stepmother), in favour of a non-family member.  Only six months previously, during one of my visits he had given me a copy of his will naming me a main beneficiary.  Having survived this injury, a more comprehensive Will was then drawn up by which time he did not realise he had a wife or daughter.

Unbelievably, it would appear that an Open Will made by a British person in accordance with English Law, giving the right to testamentary freedom, is not required to be witnessed!  A Will is only signed by the Notary and the Testator which is deeply disturbing and open to manipulation.  As my father had been domiciled in Spain for more than 30 years with no UK assets, his Will should have been drawn up under Spanish Law which states forced heirship. 

I have waited 9 years for justice and hope that the Judge will make the right decision and give me closue on what has been a truly stressful and worrying time.  Despite maintaining regular contact with my father, I was unable to prevent this happening.

I tell my story, given the number of British ex-pats living in Spain who are or may become, vulnerable and easy prey to unscrupulous people.

Thread: A battle of Wills - A cautionary tale.

--------------------------------------

12 Jun 2012 3:10 PM:

Utter, utter madness to bring a sufferer of dementia to Spain.  Both my parents had dementia, my father specifically lived in Spain and it was a nightmare.  Does your mother understand Spanish to communicate with any local care you may get?  THINK VERY SERIOUSLY. 

Thread: moving my mother to spain

--------------------------------------