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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6076
Experience:  Spanish Attorney
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Is it possible to use an English Form Of Probate to transfer

Resolved Question:

Is it possible to use an English Form Of Probate to transfer my deceased husband's car into my name so that I can dispose of it? I am the executor of his Spanish will.
Submitted: 3 years ago.
Category: Spain Law
Expert:  Kasare replied 3 years ago.
Hi, thank you for your question, I will try to assist you with this matter, however, I am a solicitor of England and Wales, not a Spanish abogado.

Can you please advise if the car is UK or Spanish plated and where it is located at present?

Were you and your husband domiciled in UK or Spain? Where were you living at the time of his death?

Sorry for the questions, but I am confused as to why you would use an English form when there exists a Spanish will.

Thanks

1. Where
Customer: replied 3 years ago.

Hi Kasare,

In reply to your request for more information:

My husband and I are English, resident in England with a holiday home in Spain. Unfortunately my lovely husband died last January, thankfully here in England,and as I am the chief executor of his will I am concluding all the necessary legal work here in England.

We had Spanish wills leaving everything to each other and the property was in joint names. However the old car (Spanish plated) is no use to me as I don't drive in Spain. It is in my husband's name and I want to sell or scrap it but have been informed that I must first put it in my name by getting a Spanish Form of Probate, getting it verified by a solicitor, sending it to the Foreign Office with Death Cert and then sending it to a Spanish Solicitor. There will of course be charges to all these officials--all just to get rid of an old car which is worth very,very little! I had hoped to avoid all this.

Hope you can help me.

Ann XXXXXXX

 

 

a Spanish Form of Probate

 

Expert:  Kasare replied 3 years ago.
Hi Ann

I am sorry for the delay in coming back to you. I'm also sorry for your loss.

I am afraid in Spain legal matters are very different and difficult especially when it comes to dealing with inheritance. In addition to the national law, there is also the variables with the provincial laws.

Have you not had to speak with a spanish lawyer to deal with the transfer of your property? Perhaps it would be best to ask them to deal with the car.

As an English solicitor, I do not know the laws sufficiently (despite the fact I too have property in Spain!) to advise you appropriately. Usually a notary can prepare a document for you such things, but again I dont want to give you wrong information, but its worth a try.

There are some mechanics who may be able to scrap the vehicle for you, but make sure they do it properly and give you the baja for the car otherwise you will still get the tax to pay each year.

I will opt out, as I know there is a spanish abogado on here who may be best to assist. The category is European law.

I wish you lots of luck and sorry I cannot be more assistance.

Kasare
Expert:  José M. replied 3 years ago.

Hi there
José M spanish atorney
In order to sell it you have to put on your own name first and then to the sellers name
It is not too much expensive but you will need to spend time and money
If you considerer that the car is too old you have the chance to send it to the dismantler to scrap it with no problems
According to spanish law, to scrap it, you just need the copy of her passpaort and one of your s and the dismantler will do the rest.
The doismantler will unsuscribe the car to the city hall tax list and spanish trafic lists (DGT)
So, you have two ways, sell it putting on your name first,, or send it to the dimantler with your passport and her passsprt copy and the documents of the car. Nothing happens neither if the documents are lost also
I will be here if needed

I can tell you names and phones of dismantlers or professional who could manage the case for you

Thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 6076
Experience: Spanish Attorney
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