Beneficary living abroad


(Lynsey Bashforth) #1

I hope someone can help with this.

I am PR on an estate matter, we are just at the point of making first interim distributions on the estate. In the usual way we are doing bankruptcy searches on all beneficiaries to the estate to ensure we can pay out to them.
However one of the main beneficiaries has recently moved to Spain. She moved so Spain in August 2018 I have no reason to suspect that she is bankrupt but is there something that I should do protect against this unlikely circumstance. I don’t deal with Spanish law at all so I am unsure If they have an insolvency register that can be checked at all? Any guidance that people can provide would be greatly appreciated.

Lynsey Bashforth
Bashforth Young Solicitor


(Gary) #2

Hi Lyndsey,

Enforcement against a PR is always an issue when dealing with cross border matters, however to be safe rather than sorry you can instruct an agent like IWC to perform a foreign bankruptcy search for you. Make sure you do one here too!

Gary Kiely
Tollers


(Gary) #3

There’s a register too but I haven’t tried it personally.

https://e-justice.europa.eu/content_insolvency_registers-110-en.do

Gary Kiely
Tollers


(Lisa ) #4

I have used Caesura Credit management limited in the past for international bankruptcy searches who were really helpful.

Also, Andrew Eastwood of Legal4Spain deals with both (UK) and Spanish Wills and estates and he has been very helpful and knowledgeable He may be able to point you in the right direction if Spain have a national insolvency register.

Lisa Virdee
Pavilion Row