english will- spanish bank

can anyone give me some advise please. Father died leaving me his spanish bank account-i am not executor to will and I think I am being told wrong info- be grateful any help-Thanks

 janice161,

                     Best advice - seek good legal advice. There are some good ones on here.

I'm not saying your circumstances are complicated but it can be.  Is there a will? Is it Spanish? Is it English? Are you a beneficiary? Is there property involved? etc. etc. There may be tax implications.

I'm not trying to worry you and your case is probably simple.

Seek good independent legal advice.

Good Luck

Mick

You have 2 options

1. If anyone holds a POA take the money - not exactly legal as you should not use POA after death but ....

2. Needs to go through Spanish probate. You will need to engage a Spanish Probate Lawyer to deal with probate - ie accept inheritance, file tax return in Madrid, deal with bank in terms of getting money out. It will cost you approx EUR700 to EUR1,000.

If you use a POA on behalf of the deceased, and get caught (by the bank for argument say), you could be sued...

It is VERY risky and if I were you, I would not do it! I would do like Maylin said and get a proper legal advice. If you have a will, there is no need to go through Probate.

It's a probate of sorts in that the inheritance tax form needs to be completed and submitted in Madrid and the stamped copy presented to the bank etc

a lot depends on what other Spanish assets are involved as to whether there is a deed of acceptance.

But if there is no property involved then should be a lot cheaper than normal probate etc

 Thank you all for the replys.

will and probate gone through in UK

Fathers girlfriend is executor and so wont tell me even what's in the account-she went to the bank concerned but sent away according to solicitor here.

Father had flat in Almeria but sold some years ago-dont think much in the account at this rate she will have spent my money.

A spanish solicitor was employed so Im told- but he did nothing.Girlfriend even refused to give me any pictures/papers from house very distressing -I adopted at birth thanks to father so that was my family background thrown away ! must say she 55 he 79 she had known him 3yrs and got everything -I found him ten years ago and had contact with him-so does that make my problem clearer?

Don't know if this helps, but  Spanish have inheritance rules...generally the children inherit half the estate, and the wife has the rest or anyone else he might want to leave it to. Maria will probably correct me on this, why don't you contact her.

 Did your father have assets just in Spain and left no will? This is the only circumsntance that would make you legal heir of his assets.