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Executor query

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  • Executor query

    My daughter is the executor of my brother's will. My brother lives in Spain. My daughter doesn't really know what would be expected of her, should he die. Would she have to go to Spain? I doubt she would be able to take time off work or to leave her children to do so. My daughter was put into this position as my brother chose her to do it and she believed it was the right thing to do.
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  • #2
    Tell the brother to write a new will and appoint someone who is willing and suitable.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      If the brother has significant assets in Spain, owns a property there for example, he will also need to consider what needs to be done under Spanish law. I don't know much about Spanish law on Wills but I do know it is different to England. My brother lives there and he has two Wills, one for his English property/assets and another for his Spanish property/assets.

      In areas where there's lots of British ex-pats live there are usually several English-speaking law firms that specialise in advising ex-pats on matters like this.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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      • #4
        Two worthwhile quotes. It seems to me it will involve lots of work. Perhaps as well to decline the role.

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        • #5
          I am not sure if this applies to Spain also, but in France several years ago they changed the law in that if the person dies in France and they have a UK will that regards property, The English will is upheld. My mother died in 2014 leaving me several properties including a farm, all was dealt with under the English will.

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          • #6
            This is why advice on the position under the laws of the jurisdiction in which property/assets are located is essential.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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