Power of attorney

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02 Feb 2018 18:00 by Greenarmy Star rating. 4 posts Send private message

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 !

 


This message was last edited by Greenarmy on 02/02/2018.



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02 Feb 2018 20:30 by mariedav Star rating in Ciudad Quesada. 1062 posts Send private message

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.

 





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02 Feb 2018 20:57 by Greenarmy Star rating. 4 posts Send private message

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

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





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02 Feb 2018 23:46 by briando55 Star rating in Yorkshire. 2004 posts Send private message

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



_______________________

Best wishes, Brian

 




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03 Feb 2018 09:45 by johnzx Star rating in Spain. 5239 posts Send private message

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   When he dies it is no longer valid for any reason. 





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03 Feb 2018 10:30 by Greenarmy Star rating. 4 posts Send private message

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! 





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03 Feb 2018 10:31 by Greenarmy Star rating. 4 posts Send private message

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! 





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03 Feb 2018 11:13 by johnzx Star rating in Spain. 5239 posts Send private message

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.





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03 Feb 2018 11:14 by briando55 Star rating in Yorkshire. 2004 posts Send private message

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.

 


This message was last edited by briando55 on 03/02/2018.

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Best wishes, Brian

 




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03 Feb 2018 11:47 by johnzx Star rating in Spain. 5239 posts Send private message

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.





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04 Feb 2018 01:48 by briando55 Star rating in Yorkshire. 2004 posts Send private message

Hmmmmm.   Sounds like another nice little earner for lawyers!    

Who is in charge of these laws in Spain?    



_______________________

Best wishes, Brian

 




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