What Is The Law In Spain If You Are A Guarantor?

[Lizruns]

My Nan has recently passed away, battling dementia for 5 years. My mum is one of 4 siblings and she had court of protection. Mum's aunt and uncle live in Spain and got in touch and told my mum my nan had brought a house in spain with her partner of 30 years (who is a con artist) and remortaged my nans house for 40,000 (My nan owns the house outright with my Grandad who passed away 30 years ago.) So the problem is there is 37,000 out standing on the mortgage in spain and Aunt and Uncle are Guarantors for the Spain property. The will states that my nans wishes was to pay of any outstanding debts but nans partner will not pay and my aunt and uncle will lose there home in spain if he does not pay 37,000 as the Solictors cant force him as its in spain and not the UK. My mum and siblings lose 40,000
inheritance, that is still outstanding for the remortage. It seems unfair that he has loads of money and will not pay the mortgage, which Spain are already chasing aunt and uncle for money. Any one know how to help.

[Lizruns]

I forgot to add that my Nan's partner has not even told Spain she died over 5 months.

[alavahalf]

Your Nans partner sounds the type who will still be collecting her pension.

[Lizruns]

He has claimed money back from insurance which was meant to be declared but he lied it was over 1100

[woofgang]

you need proper legal advice ASAP.

[Peter Pedant]

yeah agree you need proper advice from someone who knows the law where it all is
the will for example is - english or spanish or both ?

who was paying the mortgage - it is a debt on the estate and then they claim from the guarantors if that has failed

so it all really depends on what.... the documents say.

you mum dont lose 40 000 - there is a 40 000 charge on the estate which has to be paid before distribution of assets according to the will or wills

what on earth were they doing guaranteeing a property and thinking that it it all went tots up they wouldnt have to pay - - - not that they would get lots of lovely moolah ...
guarantees are a big deal

[woofgang]

As people whose loved ones took out loans with Amigo are finding out.....

[Lizruns]

Thanks Guys
My mums solictor is dealing with it and he said that he will not deal with spain as the will was written in the UK. Spain has a compliacted way of doing things..

[woofgang]

If your Mum's solicitor is dealing with it then there isn't much you can do unless your mum will instruct a different solicitor. When my husband died I had to deal with investments that were in the US (but no difficult partner to worry about) I couldn't have done it without a solicitor who was conversant with both the US and UK ways of dealing with things. I am slightly surprised to hear that the solicitor "won't" deal with Spain if that is what his client needs him to do.

[Lizruns]

Hi WolfGang

I believe he has spoke to Spain but because the will is only wishes he can force any one to pay! And Spain was under the impression it was an action.

[woofgang]

well all a will can deal with is stuff that the person who wrote it owned at the time of their death.