I have been instructed on an estate. The deceased lived in Spain for most of her life, having emmigrated there from the UK many years ago.
Six weeks prior to her death she returned to the UK and closed down everything in Spain. She then died, with her only asset being a bank account in the UK, containing everything which was brought over from Spain.
The bank need a GoP. The deceased did not have a UK Will, but has a Spanish Will.
Do I regard her as having died intestate or do I submit the Spanish Will to probate?
The Spanish Will appoints a Spanish Solicitor as Executor. Her estate passes to her children irrespective of which route we go down.
If she had a domicile of origin within the UK it has reverted - succession issues governed by English law.
If she did not, then arguably certainly a domlcile of choice within the UK as she has abandoned any Spanish domicile.
A few questions, but not sure whether these help to get an intestacy status or a partial intestacy :
What does the Spanish Will actually say?
Was it notarised?
Can its application be restricted to Spanish assets?
Obviously there are insufficient facts to decide the domicile status at the time of death. However, I would suggest that Peter’s comment that “If she had a domicile of origin within the UK it has reverted” is not necessarily correct although of course a possibility.
There are a number of cases on domicile determinations where health issues were an important factor and resurrections of a UK domicile of origin on a return to the UK is by no means certain.
If the deceased has a Spanish Will, she did not die intestate, and the Will should be proven. Wills Act 1963 will help with issues of validity. You will need the original if available or a notarial copy if not. You will also need a certified translation. You may run into issues as to whether or not the executor appointed in the Will counts as an executor for English purposes.
I agree as to the need to prove the Spanish Will in England. As for the Spanish Will, if there are difficulties in obtaining the same, in Spain all Wills are supposed to be registered with the Spanish “Registro de Actos Ultima Voluntad” from where certified copies can be obtained. The Spanish Solicitor should in any event either have the original Will or copy, and should be able to obtain a copy from the Registro as mentioned.
I would discuss the matter with the local District Probate Registry to see what documents they want in order to issue a Grant in England. There may be a need for the Spanish executor to appoint a local person to act as his attorney in the UK to obtain the UK Grant, unless the Spanish Solicitor renounces in which case Administration with the Will annexed may be the route to go. Peter Double / Probate resealing Services.