Can I get copy of my mums will after she died??

[Thedogsmyfavourite]

My Mum and Dad retired to Spain. They lodged a will in the uk apparently identical to one they also lodged in Spain. They discussed this with me and my sister many times. My mum died and 3 months later my father moved a woman 30 years younger than him into my mums house and bed. Due to the fact that I and my sister have not agreed with our fathers actions he has rewritten the will and disinherited us - I am told. I know what my mums wishes were but have never seen the will. He says she left everything to him and therefore he can do as he chooses. Which is of course true if what he says is true, but I don’t know if there was any kind of clause in the will for if one survived the other and got a new partner. The solicitors that have the will in the uk said I can only see it with my fathers agreement - which he would never give even if I asked. Does any one have experience of this and know if it is true?

Thank you so much.

If probate is completed in the U.K. then the probate result and wills are made available online here www.gov.uk/search-will-probate

There is a small admin fee but only a few pounds.

You certainly can order copy of a will executed in the UK for any reason - you don't need the permission of family. You don't have to give a reason.

However if what you are saying is that the administration of the will was done in Spain and managed over there, you'd have to go through the Spanish ministry of Justice and unless your Spanish is excellent, you'll need legal help.

www.mjusticia.gob.es/es/ciudadania/tramites/certificado-actos-ultima

Is the page you need. My Spanish is good, legal Spanish not so much. From what I understand, anyone can apply for a last will and testament, you need to send the payment (3.86 euros) and a copy of the death certificate.

Everything was handled in Spain. He told us that they each stated that everything go to the surviving spouse as they each knew each other’s wishes. We just believed him never questioned. He now says my sister and I are selfish and begrudge him a happy future and that he is doing exactly what my mum would have wished and she would want us to be disinherited due to our selfish attitude. This of course is rubbish my poor mum would be distraught. If it all goes to the girlfriend then so be it but I hate to think that I could be letting my mum down by not checking

Thank you so much for the information about Spanish probate I will give this a look tomorrow x

I think that it’s quite hard to disinherit your children in Spain.
When MILs partner wanted to leave her a property in Spain he had to have written agreement from his children witnessed by a Spanish solicitor

Yes I think you are right. I read this, however it also said that you can choose to have your will held by English law or Spanish. You have to stipulate. I’m guessing although I don’t know, that he/they chose English law. I just don’t know. It’s all such a terrible mess and it’s all so painful and emotional. I think I may just have to let it go, it’s probably not worth the emotional cost, let the new woman have it all. It’s just this feeling of letting my mum down on her wishes. Agghhh!! He is a cruel spiteful man and loves to hurt so I’m reluctant to get to close and give him what he enjoys. He won’t even tell us where my mums ashes are. He says it’s none of our business. Equally he says we have no right to have feelings about another woman in my mums house, he says it’s not mums house it’s his to do what he pleases😢

Have you run through the U.K. will/probate search? It may be too soon for results to be in the database, typically U.K. government admin doesn't happen fast, but it is free to search and quick to do and might give you a result.

If property is held in Spanish I am fairly sure it will come under Spanish law. It is very hard to disinherit your children in Spain, the law is set up to try to prevent it. He must be very determined for you to get nothing!

Held in Spain.

Mum died in April 2021. I did look at the uk site but nothing showed up at all. I know the will was a ‘joint’ will. Would that prevent it being published? I honestly don’t know if the uk solicitors were even informed. He just told us what was in it ie mum left it all to me

Yes yes yes. He is very determined to disinherit us. He is and always has been a very cruel self serving man. I’ve had some therapy recently that has helped. My therapist said she had rarely ever heard a more text book accurate description of a narcissist. He will go to the ends of the earth to make sure my sister and I are punished for disagreeing with him. But you have made me think I might check into this more. He’s lived in Spain 23 years and is a Spanish resident maybe I need to check if he really can still have this seen under uk law🤔

I think by a joint will you mean a mirror will - as far as I know, wills cannot be joint. Mirror wills basically are just that - a husband's will leaves everything to his wife, the wife's leaves everything to the husband. So they are the same, but separate documents. That's how it works in the UK at least. Like I said, my Spanish is good but I am not a lawyer.

My brief reading on wills in Spain says that a testator MUST be an individual. The Spanish have similar rules to the French in that disinheriting children can't be done. Only a third of the total estate can be disposed with by the person making the will in exactly the way he/she wants.

Someone who is resident in Spain and who has been there for 23 years will probably have made a will in Spanish, with a Spanish lawyer. Unless they have significant assets like property in the UK, you will need to look in Spain.

Thank you for your response. That’s really helpful. I’m going to see if I can get a copy of my mums will via the website suggested on this thread. I’m not sure if they will accept my copy of the death certificate which is a scan photo of the original but it sounds like it is worth a try.