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José M.
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My father passed away in march and we are currently applying

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My father passed away in march and we are currently applying for grant of probate, he had a will. My mother died in 2006 and had a property in spain - in her name only. she did not have a will in the uk or spain and my father did not apply for probate it seems. Do I declare her property on my fathers probate application or should a now apply for probate for my mother?
Submitted: 11 months ago.
Category: Spain Law
Expert:  José M. replied 11 months ago.

Hi there. José M spanish atorney. If your father kas pass away and never take posesion of the part he could right to take from your mother, the best is to do nothing about it and let the survivors heirs take.

In the other hand, remember that heirs has six months to pay spanish tax oficce, and if you do not do it, they have just 4 years to ask you for taxes if you do not do it

So, may be, the best for you, here in Spain, is to left the things as they are 4 years and 6 months, in order to avoid to pay taxes, beacuse in most cases taxes are up to 40 per cent

So, in short. Do not mencionate your father when you make the procedure from your mother assets to you, and study to let the things as they are 4 years and 6 months from march in order to avoid to pay taxes

Thank you

Customer: replied 11 months ago.
Thank you - so i should not list the property on my fathers grant of probate but should therefore apply for probate for my mother and list the property on her application?
Expert:  José M. replied 11 months ago.

In your case, If I were you, I will study to move the procedure of your mother, because no taxes are due to pay. And when the time when the taxes become over comes, I will study to move your mothers procedure. Thank you

Expert:  José M. replied 11 months ago.

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José M., Attorney
Category: Spain Law
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