Ideally, you should have Spanish wills. Laws of succession in Spain may be completely different than the UK. Certainly, in France they don’t even bear a passing resemblance. It may be therefore that whatever you have in your English wills, regardless of what the provisions are with regard to the property, it doesn’t apply to Spain in any event. You cannot compel anyone to have either a Spanish or in English or any other kind of will.
It seems strange that you will this property together but she doesn’t know your address. If you have a series of emails which would prove on the balance of probabilities that there was an agreement that if anyone died, their share of the property would go to the survivor, that would assist any claim that you would bring.
You cannot make anyone you the will, even executors. Beneficiaries have no absolute right to see it although anyone can get it from the Probate Registry once a will has been admitted to probate.
In the interim, there is nothing that you can do about this until such time as one of your co-owners dies and at that stage (notwithstanding Spanish legislation with regard to Spanish inheritance) when you would be forced to bring a claim under the legal doctrine of Promissory Estoppel. This arises if someone made a promise as in your case and you rely on that promise in the future. They are then estopped from going back on the promise. It’s a complicated legal issue and certainly not something that you’d want to tackle yourself because even solicitors do not deal with it routinely.
Can I clarify anything for you?
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