Mother dying in Spain - administering her will

[Take Heart]

My mother has lived alone (first in France) and then in Spain since the 1980's.
She only owns her home in Spain and has no UK property.
I am her only child and living in the UK.
If she makes a UK will (as I understand she has), how will it be administered after death?
Does she need to make a Spanish will?
She is in poor health and it is very difficult to communicate with Mum at this stage in life.
Thanks.

[Peridot]

Hi Take Heart,

I'm sorry to hear about your mother's poor health.

Unfortunately I am not a Spanish law specialist and I would suggest that you need to get some specialist advice on this. The English Will would stand although there may be tax and inheritance consequences depending on where your mother is deemed to be habitually resident (I would expect this will be Spain as she has been there for a considerable time now.

In addition, many European countries have different succession laws than England & Wales, where property is concerned. This may not be an issue if you are the only child but you do need to check. This article from 2014 explains how the rules changed in Spain in 2015 and may help explain what may happen https://www.stoneking.co.uk/news/new...anish-property. If this is not what your mother would wish she needs to take some advice herself and possibly have a new Will drawn up in Spain.

Hopefully this helps you.

[Take Heart]

Hi Take Heart,

I'm sorry to hear about your mother's poor health.

Unfortunately I am not a Spanish law specialist and I would suggest that you need to get some specialist advice on this. The English Will would stand although there may be tax and inheritance consequences depending on where your mother is deemed to be habitually resident (I would expect this will be Spain as she has been there for a considerable time now.

In addition, many European countries have different succession laws than England & Wales, where property is concerned. This may not be an issue if you are the only child but you do need to check. This article from 2014 explains how the rules changed in Spain in 2015 and may help explain what may happen https://www.stoneking.co.uk/news/new...anish-property. If this is not what your mother would wish she needs to take some advice herself and possibly have a new Will drawn up in Spain.

Hopefully this helps you.

Dear Peridot

Thanks for your helpful link - very interesting. I'd like to see any update from 2015, although as we are heading towards Brexit, it may be that the law/opt out might change again in the near future.
Specialist advice seems the best course of action - something I think many families of ex-pats must make themselves aware of.

Many thanks again.