A right old mess....please help!

Hi

We have a bit of a problem and I was wondering if anybody could shed any light please? It's a bit of a nightmare so bear with me.

My mother in law moved to Spain in 1998 with her partner. They bought a property together and shared ownership (per the deeds) 50/50.

Her partner suddlenly died three years later leaving her there alone. His will was in English and was prepared in England under English law. He never went to a Spanish solicitor as he thought that his will would also be valid in Spain. His will stated that his Spanish property should go to my mother in law and his UK property should go to his son (still residing in England). As his will is not recognised under Spanish law this has not happened. She is still living there and nothing has been done about this. She is also not in contact with the son.

Several years after her partner passed away my mother in law met somebody else.He moved into the property and spent a lot of money on renovations (we don't know how much but it would be substantial). As far as we know his name was never added to any deeds or paperwork. They have now separated and he has moved on. My mother in law still lives in the house.

The problem we have is that my mother in law wants to consider moving back to England as she is alone over there and isn't in the best of health. She hasn't got any money to see a solicitor to get this sorted out (she is a pensioner and lives off her basic state pension) and we have no idea where she stands with the property. We are also concerned about Spanish inheritance tax.

I know this is a long shot but can anybody help me to find out:

1. Who would own the house now?

2. Can she sell it?

3. Would her ex partner (the second one) be entitled to any money from the house seeing as he increased the value substantially?

4. Could she rent it out?

5. As it has been about 9 years since her partner passed away and nothing has been done or contested would ownership automatically transfer to my mother in law?

6. What about inheritance tax? If anything were to happen to her now where would we all stand?

I know this is a bit in depth but it is such a mess. If anybody can help I would be grateful. I went to school in Spain many years ago so can speak Spanish and am familiar with the country but I know nothing about the legal system.

Many thanks for any advice you may be able to offer

Regards

Hi daisy 164,

In reply to your questions and as far as i am aware:

Your mother in law still owns 50%, her late husband still owns the rest.

She can not sell until inheritance matter is sorted as she does not own the whole property.

Her ex partner could claim money from her but not without a lengthy law suit against your mother in law and proof of all he spent on the property, this could take years.

She can rent it out but some agencies might not want to deal with the property until inheritance matters have been sorted, they do ask for proof of ownership and as the property is in both names would request both their details, most people you rent to direct without an agency will not be bothered and will not even ask for proof of ownership of the property.

Your mother in law needs to speak to a solicitor and get the Will translated and validated for Spain and pay the relevant inheritance tax to put it in her name.

Unfortunately i can not give you any information on inheritance tax as i do not know much about this matter.

Most solicitors will do a free consultation and she might even find one that will let her pay very little now and the rest once everything has been sorted.

Hope this helps,

Joan

Hi Daisy

I agree with Joan about getting a Solicitor (look up British Consulate for Spain, then go to Malaga province and look up recommended lawyers and pick one out near you) however, having completed a Spanish Will last November, and talking about inheritance tax with our Solicitor, he told us that if we did not inform the tax man for X years - then nothing had to be paid.  I would suggest you follow this up asap as I know he quoted either 3 or 5 years and your mother in law is well past either time limit so she may find the tax is not a problem she need worry about.

Zena 143

It is quite untrue to say that the English will is not recognised by Spain, of course it is. A visit to the Spanish Consulate in London with a copy of the will would be a good first step. There is a notary on the premises and lots of free advice available, especially if you show willing to speak Spanish!! As the sale of a property is involved it should really not be too difficult to find an abogado who will accept payment from the proceeds of sale. Hope this helps.