Foreigner's Probate, etc. in Spain

[Nova]

I know this is a subject that really requires proper legal advice, but where to begin?  If somebody resident in Spain dies, leaving bank accounts and a car, what's the first step for their UK resident next of kin to access the bank accounts and dispose of the car?  Let's assume there is a UK will but no Spanish one.  Is the car treated the same as the bank accounts or is there a shortcut?  I'm guessing the UK will would need to be translated and stamped by the Apostille of the Hague - am I close?  Does UK probate need to be handled first?

What about cancelling Telefonica, etc?  Does this require the same full legal process to prove that the next of kin has the necessary authority to terminate the contract?

Basically which parts of the sorting out require the full legal process, what paperwork is needed and how to go about getting it?  I'm guessing an English-speaking Spanish solicitor will need to be consulted as soon as possible?

Sorry for the barrage of muddled questions, it's just I'm trying to help somebody who has suddenly and unexpectedly been put in the position of having to sort these things out, with no knowledge of Spanish and only a few days in the country to sort as much as possible.

[Janet]

With no Spanish Will, an English Will has to be probated and a certificate issued for probate to be carried out in Spain. I've known this done a few times before, and yes, a Spanish lawyer with good English is essential.

The car will need to be transferred to a new owner's name and that requires a signature of the present owner. If that owner is deceased, then the will needs to be probated before it can be transferred to the heir to sell on.

If no English Will, then everything's a mess ...

[Guanche]

I would love to be able to help Nova but I would be guessing. With that said I would think its going to take more than a couple of days just to get the death cert. I suspect your correct an English speaking Spanish solicitor would be necessary. Do they know anyone on the island well enough to give them power of attorney?

[Nova]

It isn't yet known for certain that there is an English will, and it's just occurred to me that the Spanish assets won't be mentioned on the English will even if there is one!  I'm suspecting this may turn out to be the mess.  There is no property involved which makes it a shame to start racking up solicitor's fees, just the car and a bank account with active direct debits, but the loose ends will still need to be tied up.

Guanche, I don't really know but I think a power of attorney is out of the question.

Edit: How is English probate obtained?  Presumably this is something the solicitor holding the English will would need to take care of (if there is one)?  If I recall correctly, probate can take several months to go through in the UK, leaving the Spanish processes hanging in the air all that time 

[Guanche]

Sadly English probate takes months! This may sound brutal but if it was me I would look at the total value of the estate here. If it wasn't a great deal I would be tempted to walk away. It may cost more than the estate is worth to sort it out. Sorry I know it sounds cruel but......

[Janet]

Of course a car can be sold cheaply without paperwork changing hands ... the worst thing that could happen is that the new owner has to walk away from it if it were impounded due to being unable to prove ownership.

English probate can take weeks, not necessarily months, but I would allow six weeks minimum. (I've known it done in two but that was unusual). The problem arises in that inheritance tax here needs to be sorted out within six months, and without a Spanish Will that is sometimes pushing it. Without any real assets, though, I wouldn't worry about it.

If anyone has access to the bank account, cancel the DDs and then tell the bank the account holder has died ... they'll freeze it at that point. Sell the car with full explanation as to why the paperwork can't be changed ...

[Nova]

   That's something useful for me to pass on anyway 

[Michael]

Can I ask, just what should someone do to ensure family back in the UK can get any inheritance easily?

Spanish will?

[Janet]

yes, it's that simple. There must be a UK will and the terms of the Spanish one must not be in conflict with it, but it means the double probate is no longer necessary. It speeds things up and by the very existence of the Spanish will, the British one is legalised here (which is why the terms can't conflict).