Executors/Probate

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08 Jun 2019 21:43 by Plumpie Star rating. 5 posts Send private message

Hi  my partner died 2 years ago his children the executors will not deal with all the paperwork to sell me his share of our villa also this needs to be sorted out as I still have to pay his costs of our bank account and Spanish taxes they are refusing to deal with it all or send the probate papers what can I do they don't speak to me or reply to solicitors letters





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09 Jun 2019 14:18 by juansheetisplenty Star rating in Cartagena. 256 posts Send private message

juansheetisplenty´s avatar

You probably need to provide a few more facts. Did the will cover multiple countries? Was it executed in UK or Spain? If the will was in UK and probate has been applied for there, you can obtain a copy of the will. It depends on a whole lot of variables. If the Villa is in  joint names all parties would need to agree a sale, so nothing changes in the interim.

Juan





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09 Jun 2019 15:05 by Plumpie Star rating. 5 posts Send private message

My partner had made an English will  his children/executors said I had to buy his share and stipulated an amount I had to pay I agreed but when they had to provide the probate papers and deal with poa they have stopped communication they just wanted to take money from me and do nothing else but Spanish law doesn't just work like that  so I am left with just paying his taxes in Spain although he has been gone 2 years it could be sorted out the solicitor was willing to do it but they won't cooperate 





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10 Jun 2019 09:35 by juansheetisplenty Star rating in Cartagena. 256 posts Send private message

juansheetisplenty´s avatar

And so have you had sight of the will? If not obtain a copy on line. It only costs a few quid. It may stipulate something in there. Having gone through the experience of losing a partner, the Spanish authorities are very rigid about procedures and removing somebody from an account, mortgage, property is nigh on impossible until certificates, probate, taxes are dealt with. You should point out to them that failing to notify the death to the Spanish authorities and paying death duties within the stipulated timeframe carries penalties in itself.

Jaun





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10 Jun 2019 10:09 by Plumpie Star rating. 5 posts Send private message

Thank you Jaun for your reply I do have a copy of the will I also have an equal share to the executors  but  was never accepted as his partner for 25 years since his death they have continued to be difficult about everything and seem to refuse to settle any of their duties to complete their fathers wishes and do not reply to solicitors letters





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10 Jun 2019 15:02 by perrypower1 Star rating in Derbyshire/Fuerteven.... 634 posts Send private message

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If you are a beneficiary in the will you can challenge them in Probate Court





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11 Jun 2019 19:59 by mariadecastro Star rating in Algeciras (Cadiz). 9168 posts Send private message

Legal Questions? Speak to Maria Direct

Plumpie:

It is difficult for me to tell you without seeing not just the probate documents ( including will) buut also the property deeds

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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