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Power of attorney, action in UK or Spain.

Posted: Wed Nov 1, 2023 11:16am
2 replies3 members subscribed
TonyBird

Posts: 19

8 helpful points

Location: Rojales

Joined: 7 Jul 2023

Hi,

I've just made a new will and elected for it to be administrate under English law. Now I want to set up power of attorney so that my daughter can act on my behalf when the time comes to sell  my house and act as my executor in my will.

I was going to arrange the POA in Spain but then because my will will be administered by English law, I wondered if it would be better to have the PoA set up in England, with it being translated and apostled.

Maybe it won't make much difference, has anyone any thoughts about this .

Thanks for reading

Tony

JillPe

Posted: Thu Nov 2, 2023 8:05am

JillPe

Helpful member

Posts: 267

224 helpful points

Location: Torrevieja

Joined: 19 Mar 2020

Posted: Thu Nov 2, 2023 8:05am

Hi Tony. I believe that any POA that you set up will become void when you die - Uk or Spain, so probably wouldn’t be of any benefit after your death. However, it might still be worth considering in the event that you wish for some of your affairs to be dealt with by them in your latter years. Also, might be worth ensuring your executor and any other Uk beneficiaries, set up NIEs. A friend of mine lost her father while they were both living in Spain, and the estate took ages to sort, as her Uk based brother didn’t have an NIE, which held up the whole process. 

There are some very knowledgeable people on the forum whom I’m sure will give you some sound advice. Good luck.

TonyBird

Posted: Fri Nov 3, 2023 6:30pm

TonyBird

Original Poster

Posts: 19

8 helpful points

Location: Rojales

Joined: 7 Jul 2023

Posted: Fri Nov 3, 2023 6:30pm

JillPe wrote on Thu Nov 2, 2023 8:05am:

Hi Tony. I believe that any POA that you set up will become void when you die - Uk or Spain, so probably wouldn’t be of any benefit after your death. However, it might still be worth considering in the event that you wish for some of your affairs to be dealt with by them in your latter years. A...

...lso, might be worth ensuring your executor and any other Uk beneficiaries, set up NIEs. A friend of mine lost her father while they were both living in Spain, and the estate took ages to sort, as her Uk based brother didn’t have an NIE, which held up the whole process. 

There are some very knowledgeable people on the forum whom I’m sure will give you some sound advice. Good luck.

Hi Jill,

Thanks for your reply, and I had thought that PIA would still be active after my death.

Also interesting about the setting up of an nie for the executor.

I will be contacting ábaco in Torrevieja to see what they say.

The good thing is that my daughter's boyfriend is Spanish, so he could help her set up an nie. 

Thanks again

Tony

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