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Thread: Spanish law and inheritance

  
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    LEE69's Avatar
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    Spanish law and inheritance

    My dad died early March and because he never had a will 50% of it goes to Mum and the other 50% is split between us fours sons.
    I have been told (i'll quote it as it's easier)

    To claim any inheritance (now or future) all inheritors must go to Spain at the earliest oppurtunity and at the same time to be sworn onto the document by a Notaria ( Judge), and to do this they must have an NIE number, which is an identity number, similar to a national insurance number, which can most easily be obtained in person from the junta de
    extranjeros (department for foreigners) in Jaen
    Is there anyway i can do this from the UK?

    Ta

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    RoyalWithCheez's Avatar
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    Tried googling it or anything? The amount of British who own property in Spain i should think its cropped up a fair few times.

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    Simple answer is no, the probate will be filed in Spain so it will be handled there. If you did it from this end you would need to apply to the court for an out of jurisdiction claim which takes time and alot of money and you may not even get it. Much easier and cheaper to do it in Spain and you can get a probate solicitors over here who specialise in this type of probate so they will handle it all for you using an office or representative in Spain.

    But to make the claim you will have to phsyically go to Spain to file for it, I know from an English law perspective not having a will is a major problem, not sure how it works over in Spain but what i do know is what I have put above.
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    Thanks mate, but i also been told that i can write a letter and that is sufficient to not have any claim of inheritance either, weird how they can accept that.

    Thanks

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