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

Your post just struck a cord with me. I lost my mum a few years ago now and born 90 which I’m guessing you might be too from your username? It’s so hard and horrible losing your mum in your teens or 20s. I hope you are doing ok. I’ve also had some family inheritance stuff so can understand how tricky it can all be. But do not forget you are totally entitled to what has been left to you, just as your mum would have been if she were still alive. Obviously I don’t know Spanish law but in the UK £30k is way below the taxable threshold and whilst may still be subject to other taxes dependent on your income etc that shouldn’t be a reason for you to be given less. PM me if you ever want to chat. Best of luck

daisy I always think money is worth falling out for in circumstances like this when someone is trying to steal someone’s inheritance. I am speaking from personal experience and am happily nc with the person involved.

I would think instructing a Spanish lawyer to work on your behalf would make your relatives lives much easier!
If they have someone that understands the law in Spain and they can communicate quickly and efficiently with them that that’s going to make life so much simpler for everyone involved.
It would also make sure everything is correct and above board so there will be no failings out or resentment in the future. It’s a win win.

You're welcome OP

Is that really the case in Spain, where you effectively have your money all taken and distributed by the state, regardless of your wishes?

Not all your money, no. Part of your money you can leave to whomever you like, or "improve" on one of your heirs' portion. But in most of Spain, it is legally impossible to completely disinherit your spouse and/or children. They are always entitled to part of the inheritance (what is known as the "legitimate" portion).

Same for Italy. It’s called Napoleonic law. In one way it’s great that children are protected so can’t be cut if out wills etc. What does tend to happen down our way is that you get loads of property left derelict because groups of siblings, nieces, nephews etc can’t agree between them whether to sell etc.

1/3 spouse 1/3 DC's 1/3 what you want, in Spain.

If no spouse or DC's, Aunts, Uncles, if none of them, nephews, nieces etc...

In my case, it's me I think. So, yes,' improving my portion.'

You can live in house till you die (unless it's in your name) then you can sell.

Yes Oriunda loads of that here too. Derelict properties as people can't agree! Usually happens when it ends up being passed to too many people. And they don't want the hassle/ the tax etc.

You can refuse a will/ to inherit here too. (Think that is the same as in UK?)

OP - I hope you take @WendyCope's advice here.

You need a local lawyer but whatever you do, don't ask your relatives for a recommendation! Even the lawyer may have curious ideas of what constitutes a conflict of interest...or not! I'll be you they suggest using theirs.

This was their final wishes. One of my aunts passed away years before my grandfather and when he passed which was after nan her 25% was split between her children. The 3 girls felt this was right as had their mum died after him it would have been theirs. Stick it out they sound greedy. Do not let them set it to some to each property as you could be put on the lowest value. Tell them the estate should be sold and split evenly.

it is the same in Scotland you can't disinherit your spouse or children
they separate the estate into removable ( pensions savings cash jewellery stocks shares furniture art) and immovable (houses and land)

you must leave a minimum of a third of moveable to your spouse and a third shared between children, if a will does anything other than this a claim will succeed; an adult child can sign to say they don't want their legal share ( ie everything left to spouse) and they won't claim their share but an underage child can't resign their share, if you are left a specific sum ie 20k you can either taken that or claim legal share but if you take the 20K you can't then claim so depending on value of estate

the original intention of law was to stop widows and orphans being destitute and the responsibility of the parish when the eldest son inherits everything, but neglected to support his widowed mother and younger siblings; so the eldest son could still be left the farm and farm house ( immoveable) but 1/3 of assets would be for the widow and 1/3 for any siblings the final third can be distributed as you chose
by separating property from moveable assets there is no need to sell family home business

the intestacy rules are similar with spouse getting house then a % of the rest

many countries to not have complete testator freedom personally I agree that you should not be able to disinherit children it would save a lot of grief in remarriages after death of one spouse