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Not sure if this is the right forum but I'm really hoping someone can help.
My Father died recentl y and left a property in Spain to his three Grandchildren. Two of the children are mine and the third is My Sister's child.
My Sister and I would like to grant a power attorney to someone who lives in Spain. The problem is my Sister is divorced and hasn't seen her ex husband for over eight years. My Sister's ex-husband pays nothing towards the child and has no contact. If we my Sister and I went to a Spanish Consul. in London would her ex Husband need to attend as well ? ( Something he would never do !! ). My Sister has a full Divorce but nowhere on her papers does it say she has full custody even though she has. I believe this is something to do with the 1989 Children's act where unless custody is contested it isn't an issue and it doesn't go to court. What would be asked for at the Consul if anything ? Or as it's only me and my Sister named as guardians on the will can we alone grant the Power ??
Any Help would be really useful.
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I am no expert on wills in Spain, we are just having ours completed.
From a common sense point of view, you really need to come to spain and get a solicitor expienced in wills and who speaks good english if you are not fluent in Spanish.
I don't want to pour cold water on your good fortune, but there may be taxes to pay on inheritance and the inheritors my need to get NIE numbers out here.
The solcitor should be able to confirm all the requirements and maybe act as power of attorney for you.
Good luck
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Thanks for your reply.
We have been over to Spain and instructed a Soilicitor and we have got inheritance tax to pay. It's the Solicitor who has asked us to go to the Consulate and grant her power but we are all unsure if my Ex Brother in law needs to be involved when granting the power
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No as its nothing to do with him either and she is divorced from him. Only needs to be in her name
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Quite frankly m'dear, I don't give a damn!
www.herbalmarbella.com
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Please have answers below in bold green:
Not sure if this is the right forum but I'm really hoping someone can help.
My Father died recentl y and left a property in Spain to his three Grandchildren. Two of the children are mine and the third is My Sister's child.
My Sister and I would like to grant a power attorney to someone who lives in Spain. The problem is my Sister is divorced and hasn't seen her ex husband for over eight years. My Sister's ex-husband pays nothing towards the child and has no contact. If we my Sister and I went to a Spanish Consul. in London would her ex Husband need to attend as well ? ( Something he would never do !! ). My Sister has a full Divorce but nowhere on her papers does it say she has full custody even though she has. I believe this is something to do with the 1989 Children's act where unless custody is contested it isn't an issue and it doesn't go to court. What would be asked for at the Consul if anything ? Or as it's only me and my Sister named as guardians on the will can we alone grant the Power ??
Any Help would be really useful.
Even when the property is in Spain, the matter of legal representation of minors need to be valuated by a UK Family Lawyer. Then you will grant power of attorney to deal with the execution of the will in Spain, that granting will be according to Spanish Law rules.
This message was last edited by mariadecastro on 6/17/2008.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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