Making a Will in Spain

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26 May 2016 19:26 by lesleyaitchison Star rating. 35 posts Send private message

Looking for advice on making a will in Spain should you choose your own countrys law or the Spanish law?

Regards

 

Lesley





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26 May 2016 21:24 by mariedav Star rating in Ciudad Quesada. 1126 posts Send private message

If you choose Spanish Law of Succession then your assets must be split between your family first before anyone else. For example, if you are married and have two children then 50% goes to your spouse and the other 50% to your children. If you choose your own country (I assume UK) you can leave it to whoever you like. You can leave it all to your spouse, all to the kids or all to the local cat charity if you wish.

You just have to ensure the clause "I wish this will to be completed under the rules in force in my home country" or some such thing.

 

 





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27 May 2016 10:28 by lesleyaitchison Star rating. 35 posts Send private message

Thanks for advice

 





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27 May 2016 10:45 by johnzx Star rating in Spain. 5247 posts Send private message

Lesley.    

In Spain Wills must be signed in front of a notary.  

The notary will prepare the Will for you.

 Thus, unless your financial situation is very complicated one does not need to use a lawyer,   Doing so is therefore often just a waste of time and money.

NB   In  Spain one does not get the original but a certified copy.  (That also applies to escrituras etc).  All Wills are registered centrally, thus it is simple to discover where a last Will was made.

 

 


This message was last edited by johnzx on 27/05/2016.



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27 May 2016 18:37 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct

If a Notary is not used to deal with international affairs or does not speak your language, a lawyer  is also a good company.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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27 May 2016 18:56 by johnzx Star rating in Spain. 5247 posts Send private message

 a lawyer  is also a good company.

Well as they say, as a lawyer,  you would say that !





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27 May 2016 20:22 by juansheetisplenty Star rating in Cartagena. 278 posts Send private message

juansheetisplenty´s avatar

If one is a UK national who is now Spanish resident with all assets in Spain, I think using a notary is sound advice, as their purpose is simply to record ones wishes. On the other hand, the whole legacy issue is now quite complicated, and should there be assets in both UK and Spain it needs to be considered when drafting of wills and tax advice is very important. Also whether one is offically resident in Spain or UK. There is a clear distinction between lawyers and notaries, and indeed accountants. Best to cover all bases in my opinion. Lots of poeple make wills in Uk as well as Spain without advising will drafters in each country without considering the consquences.

Saludos

Juam





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27 May 2016 20:32 by johnzx Star rating in Spain. 5247 posts Send private message

Juan :  I think using a notary is sound advice,

As I said, one has no choice, they can only sign in front of a notary. The choice is whether to have a lawyer as well.

This is becoming a lot more complicated that it really is.

I made my first Will in Spain about 33 years ago.  It stated clearly even then that it was made under the rules of the UK.   Subsequent ones have followed that pattern.

In my UK Will I showed that it related to my UK property only. 

The wording of the Will is no different if one is,  or is not,  Resident.

 

 


This message was last edited by johnzx on 27/05/2016.



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27 May 2016 20:42 by juansheetisplenty Star rating in Cartagena. 278 posts Send private message

juansheetisplenty´s avatar

John, it has actually gotten really more complicated because the UK has not accepted the rules. Please see the link below. One of many. This from the law gazette.

http://www.lawgazette.co.uk/law/new-eu-inheritance-law-should-prompt-wills-reviews-say-experts/5050595.fullarticle

Saludos





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27 May 2016 20:43 by juansheetisplenty Star rating in Cartagena. 278 posts Send private message

juansheetisplenty´s avatar

Blimey, you just edited your response as I typed!





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28 May 2016 12:21 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct

Brussels IV or on how to avoid my forced heirs

 A new EU Regulation passed in 2012 (650/2012, also knows as Brussels IV) brings easiness to international inheritances.

This regulation has three basic pillars:

  1. It makes sure that every succession is treated under a single Law and by one authority.
  2. It also enables citizens to choose between law of residency and law of nationality for their inheritance affairs.
  3.  Creation of the European Certificate of Succession

Brussels IV applies to inheritances with or without testament. It does not imply, in any sense, the alteration of  the substantive National inheritance Law of every European Country. Matters such as who are inheritors, or how taxes apply are not impacted in any way by this new European regulation.

This regulation also creates the European Certificate of Succession, which will facilitate the proving of status and rights as heir/ administrator of the estate/ executor of will. This certificate will be issued by the country where the deceased had habitual residency and will provide proof of entitlement in the estate to all signatory countries.

After this regulation, if you are a UK National but have legal residency in Spain,  make sure that you choose law of Nationality in your will as on the contrary, your inheritance will be governed by Spanish rules and its obligatory heirs at your death

 

These rules will apply to all persons dying after 17th of August 2015 .

Residency status is determined by facts: duration and regularity of the deceased´s presence in the country. Residency requires close and stable connection with the specific country.

UK, Denmark and Ireland did not sign the regulation but any UK, Denmark or Irish nationalhaving habitual residency in Spain are under the force of this regulation and if they want their national succession Law to be applied they need to grant a new will in Spain .

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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