wills

We completed Spanish wills with our solicitor and the Notary last week. It expressly states who you wish to leave your Spanish assets to. In the paperwork which we got a copy of in Spanish and English it fully details who receives the assets and in which order they should be allocated. i.e. to spouse, or if spouse no longer living, then to whoever you wish to benefit.

I think rather than relying on the 'net you are better to speak to your Spanish lawyer to get clarification - ours have been excellent and have given us excellent advice all along the way.

Hope this helps you.

Thank you for that reply I’m still a bit confused my solicitor has said in Spanish law it goes to the children hopefully our wills we made originally hold up with Spanish law

In a nutshell, the division of a Spanish national's estate goes like this:

One third to be divided EQUALLY between the children.

One third to be divided between the children but the division(s) made as the testator wishes (eg you could cut a particular child out of this third of the estate). A surviving spouse has a life interest in this part.

The final third can be left to whoever the testator wishes.

If you are born a Spaniard or you have relinquished your citizenship of another country to become a national of Spain, this applies to you and there is no choice in the matter.

If you are a British national resident in Spain (most of us on this forum I imagine), you can elect for your will to be treated under British law i.e. you can leave your estate to whoever you wish. But it's not as simple as that and I am no expert. 

We had our Spanish wills done about 15 years ago in Los Alcazares because a friend recommended a lawyer there. Because LA has many residents from different countries, they were experienced in drawing up wills for different nationals. Friends in my home town had theirs done locally and were told (incorrectly) that they had to adhere to the rules outlined above. To be fair, this was well over 10 years ago. Hopefully this particular local lawyer is more knowledgeable now but perhaps anyone thinking of having a Spanish will made should consider a lawyer from an area where many British have made their homes.

If you want to be absolutely safe you should have a new will drawn up - you can keep all the terms of your old one but have the following put in.. It cannot be done as a codicle but must be a new will

"Que desea que, en todo cuanto sea posible, su sucesión hereditaria se rija por su ley personal actualmente aplicable, que es la determinada por su nacionalidad, conforme a la cual, según declara, ostenta la plena libertad de disponer sin limitaciones de su patrimonio mediante testamento. Yo, el notario, advierto expresamente al testador de que si, por el cambio de sus circunstancias personales o por la aplicación de normas imperativas de derecho internacional privado, su sucesión hereditaria hubiera de regirse finalmente por un ordenamiento jurídico que implicara el reconocimiento de derechos legitimarios a favor de los llamados herederos forzosos, todas o algunas de las disposiciones del presente testamento podrían devenir ineficaces.

Que, en ejercicio de la plena libertad de disponer de su patrimonio mediante testamento que, según declara, le otorga su ley personal, ordena su última voluntad con sujeción a las siguientes .....

In English this says,

That it is his desire that, as far as possible, his inheritance be governed by his own personal law, currently applicable, which is that determined by his Nationality in accordance with which, as he declares, he enjoys complete freedom to dispose of his estate by will without limitation. I, the Notary, expressly advise the testator that if through a change in his personal circumstances or through the application of the compulsory rules of international civil law, his estate should finally be governed by a legal ruling which would imply recognising the legitimate rights in favour of some relatives considered to be enforced inheritors, all or some of the provisions of this present will would become void.

That in carrying out his full right to freely dispose of his estate by will which, as he declares, is granted to him by his national law, he orders.....

Top