Spanish Wills

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16 Apr 2015 14:44 by Team GB Star rating. 1245 posts Send private message

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The wife and I are going to make new Spanish wills, we need one each, you can't do a joint one in Spain. Cost at the Notary is between 39 and 50 euros each (fixed price for the citizen all over Spain) Cost for going to a lawyer, I'm being quoted somewhere between 200 and 300 euros each. So a no brainer really

Can anybody that's made a will at the Notary tell me how you have to present your information to them, do you have to fill up a form or do they just ask you questions? 

Thanks



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16 Apr 2015 15:11 by Sten46 Star rating in Hatton, Derbyshire &.... 246 posts Send private message

When we did our wills a couple of years ago, we went to a local (Spanish) lawyer here in Almoradi who advised us on the technicalities and drafted what we wanted. She then presented them to the notary (with us), explained everything to him and translated any questions from the notary. She charged us 100 euros each and the notary fee was 45 euros each. My conversational Spanish is not bad, but for something a bit technical or legal it was worth it to be sure it was done correctly and as we wanted.

Since then, we have changed to another lawyer who came highly recommended and who charges us a joint flat fee of 125euros a year. For this, he does our tax returns, answers any questions and includes any work which can be done in the office, including writing letters etc. He only charges more if he has to go to court, site visits etc, which, so far, has never arisen.

Steve



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16 Apr 2015 16:58 by johnzx Star rating in Spain. 5241 posts Send private message

Team GB.

The Notary will call up a standard Will and complete the sections with your details. So you must take your passport and if you have it your NIE cert or EU Citizens Register cert.   I know my local Notary can provide an English copy, which one pays a little more for,  so non Spanish speakers can understand it.   The one in Spanish is the legal one.

They will ask what you want to do with your assists and advise you if you are getting it wrong. 

I have never seen the point of paying a lawyer unless one’s situation is complicated.  

Sten says he paid 100 euros, which was probably for nothing more than the 45 euro fee would have covered  at the Notary.

Most Wills are straightforward, just as in UK, although lawyers have a vested interest in telling you otherwise.   I have never paid a lawyer to draw up a Will either in UK or Spain.   In UK,  I have just drawn up my own Will using the HM Stationary Office format.

One  gets a certified copy, the original like all originals in Spain, including Escrituras (deeds) are keep by the notary and can be searched for centrally if or when required.





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16 Apr 2015 18:31 by camposol Star rating in Camposol. 1411 posts Send private message

It's all very well going to the Notary  and cutting out the lawyer, but unless you are fluent in Spanish like Johnzx, or the Notary is fluent in English( unlikely in most areas) then it makes sense to  employ a lawyer.

Their charges vary a lot, so shop around.

The ones who are doing my will  are charging half the amount  the other lawyer  was going to charge.





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16 Apr 2015 18:44 by Team GB Star rating. 1245 posts Send private message

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Thanks for all your replies.

Johnzx, you have confirmed what I thought was the case.

Campasol, I'm not fluent but have enough Spanish to get by so I'm going to give it a go at the Notary. To save 200€ per person I would be mad not to.

 



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16 Apr 2015 19:52 by camposol Star rating in Camposol. 1411 posts Send private message

I'm not fluent,and  I would not risk  something so important as my will  unless I was.

"Giving it a go" isnt an option unless the Notary is fluent in English, which ours isn 't


This message was last edited by camposol on 16/04/2015.



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17 Apr 2015 09:23 by Team GB Star rating. 1245 posts Send private message

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Campasol

For those not confident surely it would be more cost effective to pay for a translator to go with you. We are not talking about a complicated will here. Just one property, husband, wife and children



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17 Apr 2015 20:15 by johnzx Star rating in Spain. 5241 posts Send private message

Campo "I'm not fluent,and  I would not risk  something so important as my will  unless I was.

"Giving it a go" isnt an option unless the Notary is fluent in English, which ours isn 't

 A notary must be certain that a person understands what they are signing, if they do not he/she will not permit the signing, thus no risk as you say..  

 I have been the translator at a notary's several  times.   

As I said,   my notary, and by that would think all notaries, can produce an English copy of the Will.

 


This message was last edited by johnzx on 17/04/2015.



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