Inheritance awkward situation

[Snoopy90]

Just wondering if I could get an outsider's perspective on a complicated/awkward inheritance situation.

My Spanish mum died when I was young. Her parents have just died and have left me in their will to inherit an eighth of their estate consisting of a couple of houses and some land in Spain. My 7 aunts and uncles have also inherited an eighth.

The houses/land are obviously difficult to divide up between 8 so the aunts/uncles would like to assign 2/3 people to each thing. Each share is worth around 30k euros.

I'm very touched grandparents left me in the will to take on what would have been my mum's part. However, I strongly get the feeling my aunts/uncles what me to reject my part. I think they feel I'm less deserving as a grandchild rather than child. They have been saying some things which I feel are to try and put me off. Such as, suggesting the tax is going to be a headache for me to sort out between Spain and UK. One of my aunts has also offered me to inherit the material goods such as furniture instead of actual property - she says in order to relieve me of all the paperwork which is going to be a nightmare.

Part of me is thinking shall I just reject it in order to avoid arguments? Falling out over it isn't worth it to me and I'd rather loose my share than do this. I would be devastated if it all ended sourly. I've visited them every year since I was 10 to maintain the connection and they're all the family I've got left on my mum's side.

A couple of things to consider are that the 7 of them have been sorting all the paperwork/dealing with paperwork which has been very stressful for them. I haven't done any of this as I'm in the UK. So is it fair for me to get same share as them when they're putting all the work in? Also, they looked after my grandparents throughout old age and no doubt spent lots of money on their care. I haven't asked them about this as they are quite cagey about it all. However, I know my mum used to send money back home in the 80s and contributed to a flat the grandparents bought. No idea how much. I think she would want me to take on her part to represent her. And I'm guessing when my aunts/uncles die they will want their children to inherit their part.

Any ideas on what seems fair? Very tricky/awkward situation. Another thing I've just remembered is that when I visited recently they gave me 500 euros between them as a present for my newborn daughter. I'm just wondering if they were implying a pay off. Or maybe I'm overthinking it. It's so hard as I don't feel they're being straight with me.

Thanks in advance

Ok, RTFT. The properties will have to be sold, you will have to pay inheritance tax up front, then you will reap the benefits.

My guess is they want to keep the properties 'in the family' sell them/keep them when they all want to.

Nope, doesn't work like this and your DMum would turn in her grave.

Bugger the furniture. They have taken the best already.

No ta!

Keep on it, believe me, you are an heir, they don't want you to have it!

Get a lawyer, fast. She will have had money in the bank also, do you know about that? Also entitled to that. Guarantee the account was emptied on death. Ilegal. Ask about this. Very important.

Lawyers in Spain are used to this. Sadly. You are being frozen out. Don't be. At all.

Where are the properties have you looked up inheritance tax in that region? (Varies a lot)

You are looking at a least 100,000 grand with that many properties, even with 7 people inheriting. It will take a while though.

Can you say where properties are? I can helpish!

This is bloody typical for Spain. Stick with it OP

The cash for your baby was a calculated and typical move (sorry to say)

Sorry for your losses xx

In the politest way your relatives are trying it on with you , stand your ground , stand up for yourself .

Your grandparents wanted you to have your mothers share so do not get talked out of it or made to feel guilty

They should not be finding the paperwork hard because they should be using the appointed executor who should be using a professional lawyer

Find a good solicitor in the uk who is able to work on your behalf with the executor and Spanish lawyers , many (UK) solicitors are used to working internationally like this

The valuation needs to be done correctly, valued independently by professional land agents

Personally I would do the above then whenever the estate is discussed just say it's easier for the lawyers to handle it on your behalf and move the conversation on to other unrelated safe topics

I want to really impress upon you that this is the law in Spain, there is no option who you leave money to.

You can't choose like in the UK.

You are a legal inheritant, end of. Nope, don't settle.

Agree with burntdinner

Beware though, they will undervalue the properties massively. (Tax)

Please tell me where they are? Don't get a UK lawyer, get a local Spanish one, depending on where they are they will speak perfect English and be used to this.

Just happened to my UK best friend, shocking.

The family valued the property at 50,000. I found a property in the same building, next door, for 160,00! It was in my town, so she lucked out there as I live here and DH is an architect and Spanish they didn't reckon on that!

Best of luck

Wendy and posters like her are the reason that Mumsnet is such a Godsend! pm her the locations and take all the advice you've been given on here

Rage thank you so much, after a pasting on an aupair/dog poo thread that was a welcome compliment thanks

Yes OP PM me and I will help you

Take your inheritance!!!

Be very careful with your communication. Copy all 7 other beneficiaries (and your Spanish lawyer) on everything.

It would be very easy for one of them to imply to the others that you have said A or B, and for decisions/actions to occur that aren’t in your interests. These messes can be costly (and upsetting) to untangle. Keep everything out in the open, no side deals.

Sadly, a sniff of (more) money comes before any family sentiment or common fairness 99% of the time. Remember that you can always give money back to them, if you really feel it fits with your values (like pay for them to visit you in the UK?), but don’t let them swindle you out of it in the first place.

Hiring a Spanish lawyer does not make you look like a hardass, it just keeps everyone more honest and is a reasonable way for you to deal with an overseas inheritance when you have a busy life with a small child. Don’t let anyone tell you otherwise.

You get your mums share - this is in my grandads will too as he outlived my mum - my brother and I will get her share - it's the right thing, and what she stipulated too, she could have said solitvit 7 ways but she didn't, your aunts and uncles are being grabby

I think your relationship with them is pretty one sided. They're trying to do you out of your legal inheritance. If they cared that much about you, they wouldn't do that.

You don't mention them ever coming to visit you either.

PM the poster who lives in Spain, and accept her help, and get your share of the inheritance.

In Spanish inheritance law (in most of Spain), grandchildren inherit automatically what their parent would have inherited.

You have every right to your part. From personal experience with inheritances in Spain, what will happen is the properties will get valuated. Then you are entitled to your part of the property, or the monetary equivalent.

Oh, and most important - get a Spanish lawyer. Seriously.

Sorry, just read WendyCope's posts - she has it absolutely right. That's the law in Spain. Getting a lawyer is not being difficult or hostile - it's keeping things above board.

With 7 siblings, I am CERTAIN at least some of them are trying to get one over you "to make things easier":

I just had a quick google and found this
I love in France and it is similar whereby children / grandchildren inherit automatically.
Looks like you will have to pay about 10% / 3k in tax.
The cynic in me thinks that if you relinquish your share, that will cover the tax bill for all your aunts and uncles.
I would be amazed if they each have 3 grand handy to pay death duties which are due within 6 months; according to link above.
Also the offer of furniture ( chattels) is very cheeky.
If it is like France, unfurnished properties attract effectively half the council tax ( equivalent).
You can usually pick up second hand furniture etc dirt cheap for this very reason. Again I am being cynical but offering you chattels gets rid of another problem for them. Emptying the house or charging you to do it, out of th3 sale costs of the furniture.

There's a big chasm between not particularly needing a one-third share of a house in Spain, and agreeing to be unjustly disinherited. Let them know that you are entirely happy to receive the one-eighth share that is their sister's, your mum's, portion of the estate, in cash if that will ease the complexity of the paperwork. However that needs to be based on an independent assessment of the value of the whole estate, not just you taking their word that it's £30,000 each.

We had a similar situation with my mum’s will - a small sum to each grandchild, the remainder split between her daughters, if any daughter predeceased her their children got that share. My sister in New Zealand died before my mum so my nephew there, the grandchild she knew least well and saw very rarely, got more £ than any of the rest of us. But it was what she wanted - we did ask her after my sister died - and so we made it happen.

However, if he had wanted to he could have refused the money. I do really think it was unfair he got so much when the grandchildren who visited mum regularly and the daughters who did so much for her got less. But it was mum’s money and mum’s decision and that was that.

@PurpleWithRed you thought it unfair that a grandchild with a dead mother who also lived in NZ, presumably through no choice of their own as you said that’s where your sister had lived. Inherited ‘the most’ because unfortunately your sister died?😳
Sounds like they lost the most 😔

OP make sure you stick to what your grandparents wanted as that is what is fair and most importantly what it sounds like Spanish Law ensures you are entitled to.
Hire a Spanish lawyer and just tell your aunts & uncles that it’s the easiest way of representing you as you’re not in Spain. It doesn’t have to be hostile

Do not take a step back. It was left to you and is your right. Speak to a lawyer if you have one and find out the process of what you need to do. It’s your inheritance as much as theirs

My advice -

Take some annual leave, book a cheap flight and get yourself over there for a few days. Find a lawyer in the local area. The set up of property and tax law in Spain means that it's quite common to use a lawyer to file and look after this kind of stuff. Many lawyers speak English as well.

As PP have said, this is very common. Find a lawyer, tell them whats going on and get them to sort it. You give them the authority to deal on your behalf - so that you can fly back to the UK and then they'll update you via email.

Have had personal experience of this and getting a lawyer will be the quickest, easiest and least stressful way of trying to sort this out!

Don't forfeit your inheritance, even though you may feel overwhelmed by the logistics of it.

Take some time and try to help sort things out (perhaps a trip to Spain?)

I inherited from parents in another county, it was a bit of a nightmare, but it was sorted eventually.

Take your share. Even if you think they are making it sound like they are saving you the stress and the bother of paperwork a) they could give you the option of being involved in Skype meetings etc to discuss the plans and b) your grandparents wanted you to have it.

I am in a similar scenario now and siblings or family find all sorts of ways of making it sound easier for them to inherit your share of the money! So stand strong and don't feel guilty or indebted to your aunts and uncles. You're obviously a very kind person, but when it comes to family, money and business try and leave emotions out of it and look at the facts on paper - your grandparents wanted you to have the money.

Oh and some really knowledgeable posts on here, PM the people who live in Spain and know the law.

Totally agree with Resistance and others. Instructing a lawyer allows you to step back from the situation and gives the best chance of retaining family harmony, whilst preventing you from being screwed over.

Are they hoping not to have to sell anything?

If they fall out with you over this then they aren't worth keeping in touch with.

Without a Shadow of doubt take your share. Can you get solicitor here's too help you?

Without a doubt really disgusting of aunts and uncles too wants to disinherit you, after the loss of your mum.
Not nice.

"However, if he had wanted to he could have refused the money. I do really think it was unfair he got so much when the grandchildren who visited mum regularly and the daughters who did so much for her got less. But it was mum’s money and mum’s decision and that was that."

Perhaps living in another country me any he could not visit often.

Clearly your sister dying early was very unfair (I am sorry for your loss) it seems entirely fair that the child who lost his mother got the full and correct share.