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Pat Eddery will contested.

ProfilePosted byOptionsPost Date

Tenerife Sun

Tenerife Sun Report 16 Jan 2017 11:10

It was the case that Spanish wills were dealt with under Spanish law but not now. I am a british citizen and I have Spanish residency. I have a will here in Tenerife it is done, by a notary, in two columns, one in English and the other in Spanish. I also have a will in the UK. I pay tax in both countries. You can now elect to have your Spanish will dealt with under Spanish law or under English law, if you are an English citizen. Spanish law gives a percentage to your children whether you want them to have it or not.

David

David Report 16 Jan 2017 08:20


My wife was sole beneficiary in her Mother's will'
Didn't stop SIL & BIL contesting will and generally
making my wife's life miserable :-| :-| :-|

RolloTheRed

RolloTheRed Report 15 Jan 2017 20:43

If a will is disputed the legal costs are paid out of the estate. It is by no means unknown for disappointed inheritors to spin cases out for years until there is nothing much left on the table. Writing people out of wills is rarely a good idea especially as judges are tending to apply what they call "a test of reasonableness".

https://www.youtube.com/watch?v=fYcS_amHe8I
(Jarndyce v Jarndyce)

ZZzzz

ZZzzz Report 15 Jan 2017 19:52

Our son is in for a shock when we die, for lots of reasons he is being excluded from our wills, trouble is his girlfriend is a Barrister and may be able to find a loophole and enable him to still get it, hope not though.

JoyLouise

JoyLouise Report 15 Jan 2017 18:34

Yes Rollo, our friends who have lived in France for thirty years have spoken of the differences, so from what I've heard, I agree with you. One can never be too careful at times like that.

RolloTheRed

RolloTheRed Report 15 Jan 2017 18:30

In many countries the widow and children are allocated minimum shares of the estate which cannot be contested. The residue can be disposed however the deceased has wished. This avoids a lot of unfairness.

Brits should be aware that within the EU/EFTA ( including after brexit ) that any assets in, say, France or Spain are dealt with by the law of that country NOT UK law. For stuff such as property, money, art it is very advisable to have a will drawn up properly in the relevant language and lodged with a lawyer. Tax will be applied by the state involved not the UK.

Shirley~I,m getting the hang of it

Shirley~I,m getting the hang of it Report 15 Jan 2017 16:49

I agree
What's the point in making a will .when you are in sound mind to do so , if those who's noses are put out of joint contest it

Surely you can dispose of your assets as you want

Can understand contesting if there are dependents who have been left in dire straits

Mind you too some elderly folk could be manipulated by a dishonest person to change the will so in that circumstance contesting could be the way that's need to done

Lots of money will be lost in fees though

ZZzzz

ZZzzz Report 15 Jan 2017 15:37

Just wondered what people's thoughts are on the subject, like why do the children do that, why don't they respect his wishes? It is obviously what he wanted to do.