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17 Sep 2009 18:30:

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.

Thread: Spanish assets

11 Sep 2009 23:48:

Hello Maria

The Spanish Notary has said that if I wish he can make an heirship declaration to the Malaga Registry for me, but he is 99.9% certain they wont accept it. He said that because my husband made an English will, a UK Grant of Probate is the only document that is guaranteed to make an English will valid in Spain. I also spoke to the Spanish Embassy in London this morning who agreed that obtaining Probate is the only guaranteed route.

Thread: Spanish assets

09 Sep 2009 19:25:

Hi Maria

I spoke to an English lawyer this morning who confirmed that as far as English Law is concerned I didn't need to apply for Probate because there were no English assets.

She said there was nothing to prevent me applying for UK Probate if  the Malaga Registry insisted it was necessary but she felt there must be an alternative solution, and didnt want to apply for probate on my behalf unless a suitable alternative could be found.

She said the cost would be £600+

Now, whats really confusing me is that I read somewhere that Spain doesn't have a Probate system, and when English property owners are resident outside of Spain, if they have made an English will, the applicable rules are those of the country where they are resident. So if England doesn't  require me to obtain probate why are Malaga apparently insisting it is necessary?



This message was last edited by Rosie45 on 09/09/2009.
Thread: Spanish assets

09 Sep 2009 09:44:

I don't know Maria, but I will telephone an English lawyer this morning and try and find out


Thread: Spanish assets

08 Sep 2009 19:28:

Maria, Help please.

My Spanish agent's Notary is insistent that I need to apply for a UK grant of Probate because the Malaga Registry will not transfer heritage into my name without it.

Considering that the UK doesn't require me to apply for a grant of probate as there are no English Assets the last thing I want to do is spend money applying for probate, (that I don't have)  if it is unnecessary.

Any more ideas on this one please?


Thread: Spanish assets


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