My mother (who was English) sadly passed away in Spain, leaving only a Spanish Will to cover her Spanish assets but no Will to cover her assets located in the UK. She was a widow and I am her only son.
The Probate Court in UK, in order to administrate the English Estate, has asked us to provide with an affidavit of Spanish Law, in order to confirm who the beneficiary entitled to her English Estate under Spanish Law is.
Could you help us? Is this normal, I am entitle to inherit?.
Thank you for your consultation,
Yes, this is a normal procedure as having the deceased no English Will and being probably “domiciled” in Spain for the Probate Authority, they need to know how to manage the succession as per Spanish Law and according to her Spanish Will.
It is really normal for the Probate Courts to request affidavits or Certificates of Spanish Law, in order to: determine who the legitimate beneficiaries of a succession are and sometimes to find out if a foreign; Scottish or English Will is valid under Spanish Law, etc.
You said that her Spanish Will only covers assets in Spain, so will not apply for the estate out of Spain, like the UK estate.
Therefore for the English assets should apply the intestacy rules. Although it could be discussed if the Spanish Intestacy Rules or English Intestacy rules, should apply, the fact it is that in this case, the there is not difference. Having the deceased no spouse and being you the only child, as per the English Law and / or Spanish Law, you will be the sole beneficiary of her Estate in England.
Anyway, please be informed that the Spanish Intestacy Rules are regulated on the Spanish Civil Code, articles 930 and 931, stating that the first ones to inherit it would be the descendants.
So it can be confirmed that as per the Intestacy Spanish Rules, you are the sole beneficiary of the English assets (not covered by any Will).
If you or someone you know needs and affidavit or certificate of Spanish Law, we can prepare it for you, and if needed we can notarized it. It this is the case, please do not hesitate to contact us, we are experts in this field of law.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel: 966 426 185
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