Wills

You need proper professional advice.

It's deeds by the way not deads.

To my knowledge I don't think deeds (escitura) have inheritance wishes mentioned, it is a will that does that. You don't need an expensive solicitor to give advice,  just go to your local notary who will draw up a new will for approx €60. We used a highly recommended notary in Almoradi who charged us €57 a few years ago and speaks impeccable English. Search in this forum for "Wills under €60" then either email or phone for advice. You tell him your needs and only make 1 visit to sign the new will and it supercedes previous will. Ensure you have it written in the will to be dealt with by the laws of your country of birth ie. We have by the laws of England and Wales( Scotland and Ireland have differrent laws). 

Regards 

Pauline 

Hi Pauline unfortunately for me I'm not in my bought house in Spain but my x wife is with my child.Im not going back in it either.But my deads in spanish stipulates my half goes to my daughter with the other half in my xs name if you get what I mean.What I'm after simply speaking is to make a will over riding the deed to put my half in my eldest daughters name as a guardian of my youngest daughter that's with my x?can this be done because I don't want my x selling the house and pocketing all the proceeds as my youngest daughter is a minor?

That is complicated, I think you must get professional advice as I,ve never heard of inheritance issues mentioned in escituras. I, m assuming you are still in Spain so I still recommend you visit an English speaking notary with whatever paperwork you have. Good luck. 

Regards 

Pauline 

I agree with Pauline that this is a very complicated situation. Your deeds will normally just show who is the owner of the property and your Will will show who you want to leave your half of the property to. It's usual that on the deeds, each partner owns 50% of the property and in the event of the death of one of them, can dispose of their half as they wish. But if your children are minors, then your ex-wife could claim that the property can't be sold until they reach 18 and that she is now the sole carer of them. I would definitely get legal advice on this as unless your wishes are clearly shown and Notarised, then things could possibly go wrong. You could change the ownership of the property now by "selling" your half to your daughter but that would incur costs and your ex-wife might not agree. One thing that you could possibly do, is to gift your half of the property to your daughters or to your eldest daughter. I did this myself when my husband and I were in the process of each buying a property in our own names and then our situation changed and the purchase of the second property fell through. We were then both paying for the main house but this was registered in my name only. After 7 years, I was able to "donar" 50% of this property to my husband. We just had to prove that he had lived in the house for 7 years and he had to obtain a "Padrón Histórico" from our town hall to show that he had been registered as living in the property during that time. There were some minor tax payments for us to pay to do this but really nothing much in the way of costs. We discussed all the options with our local Notary, who told us what we would have to do and organised it all for us. Here's a link to an article on the subject (in Spanish) that you could translate via Google Translate.

https://www.eldiario.es/consumoclaro/ahorrar_mejor/donacion-gratuita-inmueble-hija-hijo-cuanto-pagar_1_8041085.html

Good luck with achieving your goal.