Spanish Will

Can anyone clarify the situation regarding  Spanish Wills.   Both me and my wife made a Spanish Will in 2006. We have now been told that we need to make new Spanish Wills by August2015. We asked as there is only one line extra on each will if was possible to do this by inserting  a codicil on each will, we were told that this was not possible and new wills would have to be made .175 Euros each, which seems  alot for one extra line on each original will,the Question i ask is, Has anyone just had the change to the original by Codicil or do you have to have new wills made.

I asked the same thing and was told it could be done. Cost about € 30 to be notorised.

I have not heard this before. We have also done this a few years ago. But would not be able to change this

now as my husband is in the Priory hospital with Alzheimers so what happens now?

The reason for new wills having to be made by 2015 August ,is there is achange in the law,in that you have to follow if Resident the Spanish way ,in that what you leave is divided between your close family ,despite your instructions to leave to whoever you name,that is the reason for the new wills and the extra wording to state that you want it to follow the principles of UK  wills,i have no legal knowledge and this is how a legal person explained it to us, If anyone can confirm that this is the reason or have been told one ,i would appreciate their comments

Eiriso, that is correct. 

Unlike Spanish law Brits can leave their money to whoever they want. So the words "subject to British Law" or words to that effect , have to be included in our wills.

i asked , and was told it could be added, as in a codicil,  but this is Spain and who knows what the notary will permit when I actually go to do it.

Pat perhaps getting POW for your husband will solve this problem.

Elraso,

                      A Spanish citizen is obliged to leave his/her assets as prescribed by Spanish law, However, unless it has changed and I do not believe it has (I am sure someone will post if I am wrong) a non-Spaniard resident or otherwise,  can leave their assets in any way they wish.  I understand though that a Will can be contested, and in such a case it might be that Spanish law would then be applied.

The Will should state in it that it relates to your assets in Spain only.  It can cover all assets but a separate one for each country can make thing easier.

As for the cost.    Be aware that all Wills (and other legal paperwork) must ne notarised by a Notary.  (There are provisions for a holographic Will but I would not advise that in Spain).  Even if you employ a solicitor you still must go before a notary, so unless you need complicated advice, what’s the point?   For myself and family we have always gone straight to the notary who has drawn up the Will, amended by us where necessary,  as part of the service.

That said,  I am biased, as I have never employed a solicitor in Spain for anything.  As a group have little confidence in lawyers

Apparently the law is changing John.

From July 2015 unless the words I previously mentioned, or similar, are included in our wills ,Brits legally resident in Spain , will be deemed to accept Spanish Inheritance Law.

Something for you to check out today.......

Thanks Floella,  I do seem to remember that from the first Will I made in Spain in 1983, it did say that it applied only to assets in Spain. So maybe most do not need to worry.

According to Spanish law, as told to me, a surviving partner is only permitted half of the half share. Rest to be distributed to family.   Actually think similar to English law but rarely contested unless survivor is not the birth parent.

Most people I know have bequeathed their whole half share to partner upon whose demise family are then mentioned. 

So think iwills may need amending.

Legal tip 841. European inheritances 
18 October 2012 @ 14:22 
 

Floella  Actually think similar to English law but rarely contested unless survivor is not the birth parent.

Under English law one can do whatever they wish,  all to cat home maybe.  However, as in Spain, the Will can be contested in court (more money for lawyers)

Over the last few years there has been a lot about this in the press. Basically,from August 15 th,  unless you state which country's law applies to your will, your assets will be disposed of according to your country of residence ie. Spain, which would cause a problem to most ex pats who tend to leave all their assets to their spouse, in a " mirror" will. I was told Spain does not do codecils which means shelling out for a new will which has exactly the same contents, but will need a new clause stating which country's laws will apply to your will.perhaps Maria will comment on ? Codecils.

Britain and Denmark have not yet signed up to this. 

Talking of wills etc, Johnzx, I never received a reply to my email to your gestor, asking for clarification that the resident  spouse of someone resident in Spain must pay  IHT on all worldwide assets of the deceased outside Spain. Your gestor seemed to have a different view to all the other legal bodies. Have you heard any more on this?

Dear Camposol:

The " Codicil" legal institution just exist in Catalan Law and not in the way you understand it.

If you want to change your will, you need to make a new testament.

Campo  Talking of wills etc, Johnzx,

I have replied in the original thread so as not take this one off at a tangent.

Florals- it appears then that you have to make a new will in order to accommodate this new clause; as they say- nice little earner.

Maria -I do not want to change the content of my will in any way, but it appears I have to make new one, What a pain!

Camposol:

If you need to select the legal system which will apply to your sucession, you do not need to wait till 2015, you can do it now.

Cheers

Maria

Camposol:

You do not need to wait till next year, you can do a new will under these regulations now if you want ;)

Hopefully I won't have to do it at all if I manage to sell my house before then. I do not want to go to that expense now, then sell, wasting my money.; as I said it's a nice little earner. Perhaps if the will is exactly the same apart from adding that clause, the solicitor might charge less, after all, the rest of the will is just reproduced, a lot less work. . 

Shan 't hold my breath!

I would not even use a solicitor for that really. Just go to the Notary with the last one and the clause you want him to insert