Contesting a Will

Contesting a Will in Spain may be possible in certain circumstances

Sometimes in life matters don’t go as we would wish. Unfortunately you may need to consider contesting a Spanish Will. For example, instead of you inheriting from a family member, someone else did that you didn’t expect. This can be a great shock, both emotionally and financially.

We wish to explain that if you have suffered a loss of a family member and are feeling upset or angry. Possibly at not having received an inheritance, particularly if it might be a property in a lovely part of Spain, we may be able to help.

What can you do for example if your mother/father/sister/brother died and their Spanish assets were left to someone else?

Can you recover your property? Possibly, yes, you could consider contesting the Will. You could sue in Spain using a Spanish lawyer like ourselves.

Will I have a case?

You will have a case if your family member (it must be a family member) were Resident and domiciled in Spain and did not have a Spanish Will. You can contest it because then the jurisdiction is Spanish.

Spanish law is that there are enforced heirs. Thus the person who died could not just transfer their assets to someone else. An example is where, for instance, a husband and wife own Spanish property and the wife dies. She leaves her half of the property to her new husband so he owns it all. However she had a child by her first marriage and they did not inherit what they saw as their inheritance in Spain. If the mother lived in Spain, they would have a valid claim on her Spanish estate.

There could be a time limitation though. If you are in a similar situation, please contact us as soon as possible. Please explain all your circumstances. It costs nothing to make an enquiry and it could be worth a great deal to you. Please contact us with more details.

olina