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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6468
Experience:  Spanish Attorney
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Thank you in advance for your time to listen to my

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Thank you in advance for your time to listen to my questions.
My dad died in September 2016. He has lived in his own property in Spain with his Spanish wife for over 20 years, without leaving a will. Therefore, from reading up on Spanish Probate Laws, all his assets should be governed under Spanish Law because he resided in Spain with his wife.
I know his Spouse came to England and used an English Solicitor to acquire all information on his English assets and I know she has a solicitor in Spain also.
I have tried researching on the internet all information on how Spanish probate works, but when I read something and I look deeper into in to what I have found, there are other laws that contradict what I have just read.
Like which country gets jurisdiction of succession, then there is are European laws on top of that also.
Today I received a letter from my Dads spouses, English solicitor stating the total amount passing under the estate in this case was X amount, the entirety of estate passed to the deceased’s spouse. But then I get a message from my dad’s spouse asking for my address because her Spanish solicitor wants to get in touch with me.
My question to you is… Are all his English assets governed by English probate Laws and all Spanish estate and Spanish assets governed by Spanish Probate Laws individually?
Or
Will all his English assets now be transferred to Spain for Spanish Probate to accumulate all assets together, before they are released to all members of the family who stand to inherit from the total amount of his estate and assets?
Kindest Regards
Kelly Cornwell

Hi, José M spanish atorney, In your case, the aplicable law its spanish law.

Once we know that, in Spain there are several aplicable laws depending on where they reside

Please let me know where they reside and I will tell you your rights.

Thank you

Customer: replied 6 months ago.
Vigo Vallandares is where he lived with his Spanish wife who still resides there.
Kindest Regards
Kelly
Customer: replied 6 months ago.
Pontovedra

In Galicia as a regular rule, his wife has the right to get 25 per cent of the inheritage, 25 per cent of the total value of the assest. The rest is for the sons, if you have no brothers or sisters 75 per cent of the total value of the assest of your father is for you.

Kindest Regards

José M

25 % for her 75% for you as the aplicable law in Galicia says.

Customer: replied 6 months ago.
That’s what I thought and with reading up on it all has just baffled my mind. I have one brother and one sister. Does that mean. My brother gets 75% or that al 3 of my dads children get 25% each along with his wife farting the last 25%?
You have been a great help in clearing that law for me. As we have been kept in the dark by my dads wife. Like she didn’t want us to know anything.
Thank you so much
Kind regards
Kelly

Well 25 for her and 75 for the three sons, means 25 per cent for evary one.

Kindest Regards José M

Customer: replied 6 months ago.
That is a very fair rule. I like that. My dad loved us all equally.
Thank you again
Kind regards Kelly

Thank you

I gently ask for a positive rate of my service I will be here if you need me on future

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