Spanish assets

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17 Sep 2009 12:39 PM by summer1010 Star rating. 62 posts Send private message

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Hi Maria

Apart from the Impuesto de Sucesiones y Donaciones, I assume there will be legal fees, notary fees and of course the mortgage lender will want a hefty fee for removing one name?

It's heartbreaking !

www.golfapartment.co.uk





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17 Sep 2009 1:23 PM by Norm de Plume Star rating in North Tenerife and L.... 162 posts Send private message

You can apply for probate yourself.  It is quite easy if there are few assets.  Go along to your local County Court and make enquiries.  They will help you and the only charge will be the Court Fee. 


 



This message was last edited by Norm de Plume on 17/09/2009.



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17 Sep 2009 4:38 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Rosie45:  The key here is to obtain a valid title to enter the Registry in Spain. In Spain, these are in general terms Notary and judicial documents, that is why the Notary sees preferable to have a UK Probate, given the nationality of the decesor adn the fact that he left just a UK will.  You need to translate into Spanish and apostille the probate document.

That is the reason it is always advisable to have a Spanish will regarding your Spanish assets. It avoids all this troubles, opinions, bureaucracy and delays.

Good luck!

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 Sep 2009 6:30 PM by Rosie45 Star rating. 9 posts Send private message

Thank you all for your help and support

I made an application for UK probate a few days ago, it was quite straightforward, so hopefully everything should run smoothly and speedily once the grant is obtained.

My Spanish agent has found a buyer, but cannot proceed until I can produce all the necessary documents, so just waiting on the Probate service now to validate my late husband's will.





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18 Sep 2009 8:35 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Great. Please let us know once you have sorted all out.

Best wishes,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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18 Sep 2009 9:04 AM by gill556 Star rating in orihuela. 69 posts Send private message

can anyone tell me the percentage for a step child to inherit? I have a daughter in the UK and a son in Spain with his own house, however they are from my first marriage and if I die first will inherit from my husband who has been their step father for 40 years,

 

Thanks

 





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18 Sep 2009 11:40 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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If the deceaseds are Uk nationals they are subject to UK law and therefore no legal quotas for obligatory heirs.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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