I have been named as Executor of my friends estate in his UK will covering UK property only. He also has a property in Spain and a Spanish Bank account but I don't think there is a will for this. Am I therefore limited to being Executor for UK, and can someone else be responsible for the Spanish side?
Uk and Spanish Estat Query
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Re: Uk and Spanish Estat Query
Hi and welcome to Legalbeagles.
The question isn't so much can the properties be dealt with separately, but about the tax implications.
Th first thing is to ascertain if your friend was UK domiciled or not.
Regarding the Spanish holdings and their inheritance laws ...........................
I think you might do well to seek professional legal advice
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Re: Uk and Spanish Estat Query
Thank you. He was UK domiciled. I am happy to act as Executor for the UK side of things and understand that the value of the Spanish property will be included in IHT, but really don't want to get involved in selling the Spanish Property. I understand that if there is no will this will most likely go to his only sister (as she was at pains to point out she had investigated within a couple of days of his death, despite her 'grief' at his passing).
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Re: Uk and Spanish Estat Query
When I studied probate, many moons ago, the estate was the estate, there was no means of divvying it up into assets held in different parts of the world.
So, if the estate is to be dealt with under English law, you would have to deal with all the assets.
I have never heard of seperate wills for different asset classes.
It is amazing how consoling £signs can be to the grief of some relatives.
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Re: Uk and Spanish Estat Query
You might find this site useful: http://www.interlex-spain.com/Spain/Probate/
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