Spanish Will - Daughters excluded?

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fyfin
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Spanish Will - Daughters excluded?

Postby fyfin » Sat Jan 28, 2023 6:13 pm

My friend married twice and had 2 daughters by his first marriage. He allegedly made a Spanish will some time ago leaving everything to his second wife. I am also friends with the daughter who lives in Spain in our town. She seems to think there was some mention about children in the will, 2 from the first marriage, and 2 which are his second wife's children from her previous marriage (both married twice).
He became quite ill and decided to sell the house and move to rented accommodation, his intention was that his 2 daughters would receive their share in cash although he mentioned an actual figure which was €20,000. This was said at a meeting with his wife and 2 daughters but nothing in writing.
In the event he died before he could do anything about it (the house was sold beforehand) and his wife has retained all the money and says it's tied up etc, in other words being very awkward.
I think I am right in saying that as the will was made a good few years ago (he has been a Spanish resident for at least 10 years) it is possible or likely that it didn't have the "English" clause so it would be subject to Spanish law. And my understanding is that the spouse would be entitled to a third and the children two thirds which would be considerably more than €20,000 each.
The first thing I suppose to to get hold of the will and I know they are registered in Madrid but is there some way to get a copy?
I'd appreciate any thoughts on the matter. I should say the daughter I know helped to look after her father when he became ill and her reason to move to Spain was to be close to him and help.
A man likes his wife to be just clever enough to appreciate his cleverness, and just stupid enough to admire it

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spanish_lad
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Re: Spanish Will - Daughters excluded?

Postby spanish_lad » Wed Feb 01, 2023 10:30 am

I *think* it's split equally, unless there is a written will.

There is a register of wills in malaga, in front of the bus station on the port. I've been there when my mum died

I, for example, inherited half of my mum & dad's house, so instead of mum and dad it now belongs to me and dad, the office in coin I was dealing with after she died declared the inheritance and said that because it was 'only' 70k that 'if hacienda sends a letter then you have to pay, but they probably wont'...

I've received nothing, she died in 2017.
Alhaurin el Grande since 99, working at the airport since 2011.

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fyfin
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Re: Spanish Will - Daughters excluded?

Postby fyfin » Wed Feb 01, 2023 9:24 pm

The problem is that there is a will but my friend hadn't seen it. I've told her to ask for a copy. I'm fairly sure she's entitled to something even if the will doesn't name her
A man likes his wife to be just clever enough to appreciate his cleverness, and just stupid enough to admire it


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