Spanish Intestacy Nightmare… and my Dad only passed away 2 weeks ago… any help would be welcomed! THANK YOU!
Posted: 24 August 2012 01:11 AM  
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Firstly, a huge thank-you to anyone reading this… I am a newbie here, one who’s in a bit of a predicament:

Basically, my father died a couple of weeks ago and I’m trying to administer his estate for my mother (I am the only child and my mother isn’t emotionally up to the task, quite understandably).

He also died INTESTATE.

Fortunately, I have sorted out “the Grant of Letters of Administration” that are needed, I have discovered, through a good solicitor I know in the UK.

HOWEVER… my parents own a Spanish property and I know Spanish Law has its own legal requirements. And that’s totally fair enough. But I have been told—by several different Spain-based lawyers (both Spanish and English)—that I need to get various documents “APOSTILLED” and then have “SWORN TRANSLATIONS” (into Spanish) arranged. I also need to have various other things “NOTARISED”...

My questions to anyone kindly reading are these:

(1) Can anyone recommend a firm who, for a reasonable fee (I don’t know what a reasonable fee might be?!?!), can APOSTILLE a Death Certificate, a Grant of Letters of Administration and a Certificate of English Law for use in Spain?


(2) WHAT EXACTLY do I need to get “SWORN TRANSLATIONS” of? I mean, what kind of documents need to be translated thus? I assume those documents in points “(1)” above, but is there anything else I need to get translated so that I can get the ball rolling with a Spain-based lawyer?


(3) Can anyone recommend a Spain-based law firm? I have taken a few quotes thus far, but all from firms I didn’t know from Adam 10 days ago. I guess a referral is always the best route.


If I appear to have missed anything else that I may need to address before enlisting a Spain-based law firm, I am all ears!


AGAIN, THANK YOU JUST SO MUCH FOR READING THIS AND SORRY FOR SUCH A LONGWINDED THREAD… I AM JUST FEELING THE PRESSURE, UNFORTUNATELY.

All the very best,

Simon

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Posted: 24 August 2012 04:17 AM   [ # 1 ]  
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Very sorry to hear of your loss, Simon.  Just take it easy and the formalities will be dealt with.  It is difficult for us to recommend a Spanish law firm.  Probate procedures can be long drawn out in Spain

Once you do choose a Spanish law firm the solicitor there will advise you on exactly what is needed. 

Patricia

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Posted: 24 August 2012 12:38 PM   [ # 2 ]  
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Sorry for your loss -

Your nearest British consul will help and advise - suggest you start here

http://ukinspain.fco.gov.uk/en/help-for-british-nationals/living-in-spain/births-deaths-marriages/death-registration

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Rob
http://spainreexposed.wordpress.com/

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Posted: 27 August 2012 08:00 AM   [ # 3 ]  
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Hello Simon,

I’m sorry for your loss and the headache that all this must be.

As to your questions, I cannot recommend a firm, but I can tell you a bit about sworn translations and apostilles for use in Spain.
They are used so that the Spanish government can verify whether a foreign document is authentic (apostille)
and what a document says (sworn translation). Your lawyers should be able to indicate which of your documents need which treatment.

You can only get an apostille for a document in the country where that document was originally issued and from the authority assigned to do.
This means that for a document issued in the UK, I believe only the Legalisation Office of the Foreign and Commonwealth Office (FCO) can apostille it.
For other countries, the Spanish embassy in that country can tell you where to get an apostille.

To get a sworn translation, you first need a sworn translator. These translators are accredited by Spain’s Ministry of Foreign Affairs.
Here is the most recent list of all sworn translators from the Ministry’s website: http://www.maec.es/es/MenuPpal/Ministerio/Tablondeanuncios/InterpretesJurados/Documents/2011sepIIJJ.pdf

For more information on all this, I recommend reading this article http://www.spainexpat.com/spain/information/your_guide_to_sworn_translations_in_spain/

Best of luck.

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