As Wills and Probate solicitors based in Spain we offer compassionate clear and practical advice on all wills and probate matters covering:
Tax efficient will drafting (including consideration of inheritance tax and capital gains tax issues)
Enduring powers of attorney
Processing probate applications
Distributing the estate efficiently and effectively
Applying to the court of protection where necessary
Applications for dependants under the Inheritance and dependants Provisions Act where insufficient provision has been made by the Testator
Post death Variations to wills to make them more tax efficient where there is agreement amongst the beneficiaries
We understand that following the death of a family member or loved one that it can be a very difficult to time to have to deal with administering the legal and financial affairs of the deceased and at such a time we try to be as supportive and helpful during the process of applying for a grant of probate or letters of administration.
It is possible for an Executor to carry out the work of administering the estate themselves but many Executors choose to instruct solicitors to carry out the duties and ensure their responsibilities are fully and totally complied with.
We aim to keep our fees at a reasonable rate and at all times will provide regular updates on costs and provide costs estimates for work to be carried out.
Where a cost estimate has been reached we will seek your authority before carrying out any further work so that you can be sure that you will not be billed more than we have estimated.
For more information about the services we offer as Spain based wills and probate lawyers please contact on (+34)963325959
Will Disputes
Our probate & wills disputes solicitors and lawyers have significant experience in dealing with many types of disputed wills & probate and challenges relating to wills. Challenging a Will, disputing part or all of the terms of it, and/or administration of the estate can be awkward and extremely distressing. As inheritance and Will dispute solicitors and lawyers (also sometimes known as contentious probate lawyers or solicitors), we understand the sensitivity and provide a realistic assessment of your case. If you have a problem with a will or wish to dispute a will or probate, please telephone us or complete our will disputes contact form. Wills can be disputed for a number of reasons, including but not limited to :-
• Lack of proper execution of the will
• Lack of capacity (allegation that deceased was not capable of making a valid will)
• Lack of knowledge and approval
• Undue influence and fraud
• Forgery
• Applications to remove or replace executors
• Applications to rectify wills
• Trusts & charity disputes
• Claims under the Inheritance
• Procedures for preventing assets being distributed pending resolution of concerns or a dispute (known as entering a caveat)
What action can be taken ?
If it can be established that the deceased did not have the relevant mental capacity or was subject to undue influence an application can be made to court requesting that the will be declared void.
If a Will has made no provision for a close member of the family or a dependant, a claim for reasonable financial provision can be made pursuant to the Inheritance (Provision for Family and Dependents) Act 1975. To bring such a claim, it will need to be issued within 6 months of the date of the Grant of Representation and that one of the following applies:-
1. You were married to the deceased (but if you divorced under a Clean Break Order you cannot apply); or
2. You were an unmarried partner of the deceased and lived with him/her for more than 2 years (this is includes same sex couples); or
3. You were a child of the deceased or treated as a child of the family; or
4. You were a dependant of the deceased, for example, if the deceased was paying maintenance to you.
Contact our specialist probate & wills dispute team today. we have helped many clients throughout Spain and UK