Probate when estate across two countries

[SanFranBear]

I am hoping someone may be able to help me. I expect I need to go see a probate solicitor really but some guidance might help?

My father passed away in June - my Mum died two years before - so I am trying to sort out his estate and start probate. They lived in Spain and everything bar a bank account is over there.

However, I don't seem to be able to get an answer as to whether I can start probate solely for the UK assets - that one bank account - or whether I need to include the Spanish assets? I've given my DFs solicitor in Spain power of attorney so she has done a lot of work and I have a list of what is there. However, for her to start to release the assets, there is a sizeable sum now owing. I thought it would be taken from the estate once it is released but apparently not - guess due to Spanish law or is that normal?

The money I need to pay for this is in the UK account but can I apply for UK probate given his total estate is both here & in Spain? Do I include Spanish assets on the UK form? Just apply for the UK bank account?

I am struggling to get an answer from those I've spoken too (general lawyer who directed me to the Foreign & Commonwealth Office and who then sent me to their Birth, Marriage & Deaths team who then said 'get legal advice').

Any ideas?

Bumpity bump

Not sure about the Spanish law implications but has the uk bank in question stated they require a separate uk grant of probate? They may accept the Spanish one or just the death certificate and will stating that you are executor. It's worth asking them first. If they do require a uk grant you should be able to get a grant of probate issued in the uk on the back of the Spanish probate.

Did you dad have a will? When I see clients with assets in different jurisdictions I usually advise them to have a different Will for each country, it makes things much easier to administer.

I would advise that you talk to the Bank first. Depending on how much is in the account you may not need probate just a copy of the death certificate and Will. The bank should have a bereavement team you can talk to.