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15 Dec 2012 3:02 PM by dianeg Star rating. 3 posts Send private message

My husband suddenly died at the end of October, unfortunately we had no wills. My Spanish solicitor says I need a letter of authorisation from England to say I am the rightful heir, my English solicitor says I come under Spanish Law because I am domiciled in Spain, reading on the Internet it seems the Spanish and English keep passing the ball to each other. Any advice on where to turn and what to do next would be greatly received.



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15 Dec 2012 6:08 PM by Palestrina Star rating. 2 posts Send private message

 It is most important that you firstly determine whether your husband was in fact domiciled in Spain. Succession of an estate is determined by domicile and NOT residence. Although it is possible to change your domicile, it is generally determined by where you are born, your father's domicile and your passport. If you continue to have assets in the UK then it is most likely that you are still UK domiciled. If you do not have a UK Will then the UK Rules of Intestacy would apply.

I suggest you get advice from an appropriately experienced solicitor in the UK(not a conveyancer) to deal with this for you. Not possible to give more detailed informaion in this forum as each case is different.

Hope this helps.

 

Palestrina





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19 Dec 2012 9:30 AM by johnzx Star rating in Spain. 5242 posts Send private message

Palestrina

 

 

You are quoting UK inheritance law not Spanish.   It is very different.

 

The Spanish assests will be subject to Spanish Law, any in the UK will be subject to UK Law. It could have been different if there had been a Will either in Spain and or in UK

Diane, you do not say where you and husband lived.  That will make a difference.
 
 I suggest you follow the advice of your solicitors in Spain/ UK as appropriate.
 
 

 

 





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