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05 Feb 2012 00:00 by surina Star rating in Barking, Essex. 23 posts Send private message

Hi

We jointly own an apartment in Casares Playa and now that my husband is very sick will need to write a will very soon but as we are living in England and unable to travel to Spain just for the forseeable future we will need a local solicitor to write the will but do not know of any solicitors in the area. Has anybody had the same experience? What would the fees be and can anybody suggest a good solicitor in the Sabinillas area? Can we do the will online? Or should we make our children power of attorney. Any help would be grateful for. as we are just under so much stress now and need some advice. Thanks so much.



_______________________
We have owned our apartment since 2004. www.edencasares.co.uk



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05 Feb 2012 11:09 by johnzx Star rating in Spain. 5247 posts Send private message

 

A  UK Will is legally binding in Spain, but it is always recommended that one makes a Will in Spain, as that is more straightforward.  Otherwise the dreaded lawyers have to get invloved !!!!
 
I suggest you google: ' Spanish notary in UK '    it comes up with a number of leads, or try the Spanish Consul nearest to where you live in UK and ask for advice.
 
If you were in Spain I would suggest that you forget about a lawyer as the Will must be notarized by a Spanish Notary. They have the format on their computers and the charge is modest. If you employ a lawyer they will take you to the Notary to sign, so you pay twice.
I have made several Wills on moving from house to house and have assisted family and friends, Never has a lawyer been involved.
 
PS Are you sure you did not make a Will when you signed the Escritura (Deeds)  most people do.  A Will in Spain is  filed at the Notary where you made it and recored centrally. You would get a 'copy simple.'

 

 



This message was last edited by johnzx on 05/02/2012.



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05 Feb 2012 11:20 by surina Star rating in Barking, Essex. 23 posts Send private message

Thanks for your kind advice. I will take a look at the website, I don't remember the lawyers doing a will when we bought as it was 7 years ago now. We do have a will here in England which we though covered the property in Spain but don't want things to go wrong in the sad eventuality which is going to make life more difficult. I am very grateful for your advice.



_______________________
We have owned our apartment since 2004. www.edencasares.co.uk



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05 Feb 2012 11:34 by johnzx Star rating in Spain. 5247 posts Send private message

Surina

I bought my first property in Spain in 1983. It was commmon practice to make a Will even then. 

 

Have a look at the Escritura (the deeds) and other leagl papers you got at the time, you may find the Will is attached.

 

I am on holiday in Penagn for 3 months so cannot check my Will but it is called a 'testamento' as far as I recall.





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05 Feb 2012 11:54 by surina Star rating in Barking, Essex. 23 posts Send private message

Thanks again, I remember that we have a 'note simple' but think that this is to do with the deeds of the property, I will take another look through our documents and hope that I can come up with a spanish will, as you say, I do not want to fall into the hands of the 'dreaded lawyers'.



_______________________
We have owned our apartment since 2004. www.edencasares.co.uk



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