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Will

Posted: Thu Apr 2, 2020 10:12am
25 replies1130 views9 members subscribed
Glenn100

Posts: 56

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Location: Camposol

Joined: 9 Oct 2019

Good morning, my solicitor has told me that myself and my wife should have a spanish will, is this essential as I already have a British one, with a cost of €190 each which sounds very expensive, please advise, regards Glenn 

steveb

Posted: Thu Apr 2, 2020 10:16am

Posts: 8

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Location: Camposol

Joined: 5 Mar 2020

Posted: Thu Apr 2, 2020 10:16am

Morning Glenn

My wife and I have Spanish wills, it is advisable as I understand under Spanish law any property will not automatically transfer to either spouse, whatever is in your UK will is not relevant in Spain.

Glenn100

Posted: Thu Apr 2, 2020 11:54am

Glenn100

Original Poster

Posts: 56

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Location: Camposol

Joined: 9 Oct 2019

Posted: Thu Apr 2, 2020 11:54am

steveb wrote on Thu Apr 2, 2020 10:16am:

Morning Glenn

My wife and I have Spanish wills, it is advisable as I understand under Spanish law any property will not automatically transfer to either spouse, whatever is in your UK will is not relevant in Spain.

Thanks very much mate, can't wait to back over to camposol hope everyone's well, cheers Glenn 

Christine 75

Posted: Thu Apr 2, 2020 1:59pm

Christine 75

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Posted: Thu Apr 2, 2020 1:59pm

Re Spanish wills. - You definitely need a Spanish translation of your English will, if you die here and own property. Even if jointly owned and have no children. Inheritance laws here are different.  You must ensure that your English will takes precedence over any Spanish law, it must specifically mention this in any current English will you have already made, or Spanish law will prevail.  You cannot avoid using a solicitor either.; because Spain does not allow this. You must go through an official assessment of your financial worth at the date of the death,  and jump through all the bureaucratic hoops they deem necessary. Then, and only then, will you be allowed to dispose of anything you thought you automatically owned, like vehicles etc. and go before the Notary to be granted possession of your "inheritance".All designed to make sure you do not escape any relevant taxes due to the Government. - A Spanish nightmare that can last for months. Believe me ! -  I've just been there!

Glenn100

Posted: Thu Apr 2, 2020 2:42pm

Glenn100

Original Poster

Posts: 56

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Location: Camposol

Joined: 9 Oct 2019

Posted: Thu Apr 2, 2020 2:42pm

Christine 75 wrote on Thu Apr 2, 2020 1:59pm:

Re Spanish wills. - You definitely need a Spanish translation of your English will, if you die here and own property. Even if jointly owned and have no children. Inheritance laws here are different.  You must ensure that your English will takes precedence over any Spanish law, it must s...

...pecifically mention this in any current English will you have already made, or Spanish law will prevail.  You cannot avoid using a solicitor either.; because Spain does not allow this. You must go through an official assessment of your financial worth at the date of the death,  and jump through all the bureaucratic hoops they deem necessary. Then, and only then, will you be allowed to dispose of anything you thought you automatically owned, like vehicles etc. and go before the Notary to be granted possession of your "inheritance".All designed to make sure you do not escape any relevant taxes due to the Government. - A Spanish nightmare that can last for months. Believe me ! -  I've just been there!

Thanks Christine that's very helpful thanks very much for your help cheers Glenn 

Patricia76

Posted: Thu Apr 2, 2020 8:13pm

Posts: 13

6 helpful points

Location: Sucina

Joined: 24 Mar 2020

Posted: Thu Apr 2, 2020 8:13pm

It is vital that if you have Spanish assets inc small amounts in a Spanish bank. If you don’t then the people you leave behind will be drowned in Spanish paperwork. Your British will,  need not make any mention of assets abroad because the Spanish will have to deal with it. The rules regarding inheritance are completely different to the British one. The costs are similar to what you would oay in England for a will drawn up by a professional. Do not take my word for it! Ask your English solicitor

Christine 75

Posted: Thu Apr 2, 2020 8:39pm

Christine 75

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Posts: 156

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Joined: 15 Oct 2018

Posted: Thu Apr 2, 2020 8:39pm

By the way, Glen you will always pay more for wills from a Spanish solicitor, but you don't have to use one to draw up or translate wills. You can use a conveyancer instead, who can do it for about €250 for both. This includes the Notary fee which is obligatory in  Spain.

PeterC

Posted: Thu Apr 2, 2020 9:23pm

PeterC

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Posted: Thu Apr 2, 2020 9:23pm

At least in Spain the will is sent to a central registry, so in the event of a death being reported there is none of the stupid "did he have a will?" rubbish as in the UK. It will be produced, and it will be the latest one. Worth paying something for methinks?

frequent flyer

Posted: Fri Apr 3, 2020 8:52am

frequent flyer

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Location: Camposol

Joined: 9 Feb 2018

Posted: Fri Apr 3, 2020 8:52am

You need a Spanish will without a doubt ...to have one draw up by a lawyer / notary we paid €300 ..your UK will is not worth the paper it is written on in Spain ...if you haven't got a Spanish will it will cost you many thousands of euro's and a long waiting time to have the estate sorted out..so I have read on many occasions.

crissywissy

Posted: Fri Apr 3, 2020 2:04pm

crissywissy

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Joined: 26 Sep 2015

Posted: Fri Apr 3, 2020 2:04pm

Dont pay a solicitor to do it ....we paid €180 for both compared to our own solicitor who charges 145each! You do need Spanish wills ...we now have both to cover all assets in both UK and Spain...Spanish will should be in both languages...if you do it now while quarantine still in place it will be legal even though a notary may not be available to sign it...

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