Another probate question

[grumpyman]

Will try and keep this short. My father died earlier this year at the age of 91,leaving a will with my mother as sole beneficiary. Mother is suffering from dementia and my sister and I have poer of attorney over her affairs.
The will named their bans executors of the estate, but they said probate was not required so did not wish to act on my fathers will.
Estate consists of 2 properties in the England, joint names (not tennents in common) and a third property in Spain. Now the problem is that there is a Spanish will, but my mother does not know where it is or where abouts in Spain it was made.
Without this will probate cannot proceed, so has anyone any suggestions about dealing with this.
Thanks in advance. Frank.
p.s please ignore any spelling mistakes, this problem is doing my head in.

[grumpyman]

Sorry that should be Power of attorney not poer.

[bednobs]

i dont understand who "their bans" are?

[daffy654]

Banks?

[woofgang]

Not a legal beagle but, if there is property then a probate is required in england. How do you know there is another will? There can't be two valid wills under english law. if the bank is named as executor in the english will they have to formally refuse to act.

[grumpyman]

Bednobs, should have said "bank", sorry.
woofgang, before you can buy property in Spain apparntly under Spanish law you must make a Spanish will. Not sur about how it effects the English will. My father was as bright as a button and informed me of the Spanish will several years ago.

[woofgang]

we have a resident legal eagle who might be able to help. The name is Barmaid, she might not be around tonight though.

[ubasses]

As long as the property is in joint names and the remiander of the estate in your fathers sole name is small probate in this country is not required The property automatically becomes your mothers as joint tennant. Any small bank accounts etc in your fathers name should release funds under indemnity.

However, I am afraid I cannot help with the Spanish property, I know if you own property abroad most countries insist on a Will in that country. Can you find any paperwork of tyour fathers relating to the purchase of the property, it is possible he used the same solicitor for the Will at the same time.

[ubasses]

Meant to add, hopefully one of the legal eagles will be along soon to help

[FredPuli43]

The reason for a Spanish will is that, under Private International Law, realty is governed by the laws of the country it is in. If there were no Spanish will, the property in Spain would pass under the Spanish law of intestacy, with one, it will pass in accordance with that will, subject to any Spanish law directing provision for a widow or children. In the event of no will being found and no secondary evidence of its terms being admissible under Spanish law, it seems that the property would have to be treated as passing on intestacy .

It should be fairly easy to find a Spanish lawyer, or a lawyer in the UK who is qualified in Spanish law, to advise. The Spanish Embassy is an obvious place to start an enquiry, though, in the past I have found solicitors here who were so qualified in other foreign jurisdictions simply by searching in a library. No doubt googling might find one.

[grumpyman]

ubasses. I am afraid that we must go for probate as there are several life ins policies with different companies and 3 of them are insisting on probate before they will pay out, very old policies written in early 40s., but they amount to several thousand pounds.

Property in Spain was put up for sale, when my father took ill last year and could no longer go out there, property company cleared place out and seem to have disposed of all documentation.

Anyway thank yu for your answer.