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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6056
Experience:  Spanish Attorney
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Hello, may I have some help please?I am a UK citizen and

Resolved Question:

Hello, may I have some help please?
I am a UK citizen and resident in the UK.
My mother is a UK citizen but holds a Spanish “rezidentia” and lives in Spain with her husband. Both are in good health although as they are in their mid/late seventies this could change at short notice.
Both my mother and her husband (not my father) have one son each from a previous marriage. I believe their wills to state that their estates pass to each other and on the second death are to be shared equally by her husband’s son and me.
I believe that the latest wills have been made in Spain with a Spanish solicitor.
It is possible that I have been named executor in these wills. I certainly was in the UK versions of these wills made in 1999. Clearly I need to obtain a little more information about this.
I am due to fly out to visit her on Monday.
During the visit she wants me to visit a notary and provide personal information (passport details/photographs etc.) to enable the solicitor to have the necessary power of attorney to obtain an NIE number when this becomes necessary.
She claims that she will explain this request when I am in Spain. I would rather understand what is going on now.
At this point, it is difficult to know exactly what questions to ask other than a broad what is going on?
My concerns are:
1) What are the advantages/disadvantages of signing up to anything now? For example, what are the implications of me being registered with the Spanish authorities?
2) About providing personal details to an overseas organisation. My immediate reaction is that there is no need to do this now.
I know the above is not as precise as you and I would like but hopefully you can see the direction of my questions.
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.
José M. :

Hi there

José M. :

Jose M spanish solicitor

José M. :

I am studying your question in order to answer you as soon as possible

José M. :

Thank you

Customer:

Thank you. Take as long as you need. I am working at my desk for the next hour or so.

José M. :

Well, I see the case. I have the same case with a client of me from Canada

José M. :

Anything you sign now or any data registred in Spain will make any trouble for you, about the will.

José M. :

They and you have to make sure that the will must be traslated and registred in Spain and UK in order to avoid problems in future

José M. :

The fact that you asume obligations now do not presume or forces you to assume in future, because you or the will signers could change your / their mind in future

José M. :

So, you are signing now that you agree with something for future, but that´s all. When the time to accept come you will be free to accept the will, the inheritage or not.

José M. :

So, my advice, is not other than to make the documents as clear and transparent as possible, traslated into english and register them in UK and Spain, and that will be all

José M. :

In order to tell about advantages we could say that you have now the chance to know and deal

José M. :

No disasvantages at all

José M. :

Please let me know if you need more help

José M. :

Thank you

José M. :

I will be here if needed

Customer:

Thank you. I assume that the first sentence should read ".... will NOT make any trouble..."

José M. :

Yes

José M. :

That the meaning of it ( The one I would like for it I mean) You will have not trubles at all.

José M. :

Remember to avoid in the will aspects of it which could be difficult to carry out or misrepresented

Customer:

Muchas Gracias

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