I have made a will in my home country. I have a property in Puerto Banus and would like to know if it is necessary to make a separate Spanish will to take care of this property.

Any information on this matter would be greatly appreciated.

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Hi Jorksa

Yes you do need to make a separate spanish will. We have just had ours drawn up by our solicitors in spain, they asked for a copy of our English will and have drawn up a 'codicil' to it . Apparently if you include property in spain in your will back home it isnt acceptable by spanish law, it has to be done out there. Im sure Spanish Inquisition will be able to give a better explanation as to the whys and whatfors, the first thing all our friends with property in spain advised us to do when we completed this year was to get a Spanish will, property doesnt automatically become part of your estate if you should die without one.

Hope this helps, merry christmas

Hobbys wife!

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Hi Jorksa Spanish Inquisition has an office in Banus so I am sure he would be only too happy to help if you need something sorted out when you are next here. While the Spanish will "recognise" wishes in the country of residence where the will is written they can overturn it if you havent made a will here and it will also prove more difficult to distribute the estate. Once a will is written here it has to be Notarised for it to become official and a copy of the will is lodged with the Registrar.

Just on a general note (I am sure SI will advise) if the property is owned with a partner you each own 50% of the asset. Thus on first death there is an Inheritance Tax liability on 50% of the asset. You dont mention your home country, but unlike the UK there is no spousal exemption in Spain and you are deemed tenants in common. In the eyes of the law, technically the property cannot be sold to pay the IHT that is due.

Rgds 

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Please find info on wills here: http://www.costaluzlawyers.es/eng/?p=34

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

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