Writing a new Will

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27 Apr 2017 5:46 PM by Tadd1966 Star rating in Los Montesinos. 1754 posts Send private message

Is this thread drifting?wink

The OP was about wills and yes selling the house was mentioned but...........



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“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



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27 Apr 2017 5:58 PM by tteedd Star rating in Hertfordshire & Punt.... 990 posts Send private message

I quite like the relevent quote put at the head of the post, especially if it is in quotatation marks and italics. It makes the subsequent comment easy to understand, without having to go back to find the original post (as long as it is accurate and not out of context). It is often done, and I do it myself.

We bought our present flat two years ago. My sums went awry because:

1. Purchase tax had gone up from 7% to 10% and

2. The local government in Valencia had decided that the property was worth twice what I paid and taxed accordingly!

So I paid very nearly 20%.

My Abogado is claiming it back, but I am not holding my breath.

Beware!





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27 Apr 2017 5:59 PM by briando55 Star rating in Yorkshire. 1982 posts Send private message

Thanks John, you said it again, and perhaps louder and pasted more information.  I trust your not advising as a professional and instead simply pasting information to support your argument, in which case you may wish to reflect on all the information provided   

To try and simplify this and bring it back to laymans terms.  

You have to sell or transfer a property within the requirement of a taxation or property other liability.   Do you?. 

A.      Let the tax office provide you with their own calculation of the value of the property and accept they have arrived st the fair assessments on value.  

B.      Research and find an independent valuation based on the actual property and the actual market conditions which are pertinent at the time.  

If you give the answer that sits with A.    I am confident that is poor advice and may result in a challenge to the professional providing it. 

If however you look further at option B and research independent valuations, it is very likely to be a more accurate and possibly rewarding outcome. 

I have stated the option of B as part of the solution, you John seem to be suggesting you have the complete answer from  your cut and paste websites and seem perfectly able to instruct this to be a fully rounded professional answer.  

As long as anyone reading this post is able to look at the information in a calm and reasonable manner, I am happy to have contributed.  



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Best wishes, Brian

 




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27 Apr 2017 6:23 PM by tteedd Star rating in Hertfordshire & Punt.... 990 posts Send private message

"Is this thread drifting?"

You are right Tadd.

So to answer the original question:

Our abogado, when we bought our first place in Spain, advised that we had a Spanish will as well as an English one. (We are resident in the UK).

Recently, after looking at the 'Battle of Wills' thread I pulled our wills out to find that the Spanish will says basically the same thing as the English one.

 


This message was last edited by tteedd on 27/04/2017.



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27 Apr 2017 6:29 PM by briando55 Star rating in Yorkshire. 1982 posts Send private message

So did you think you actually needed two tteed, or was it ok perhaps to have just one and acceptable in both countries?

(a question I asked another lifetime ago it seems!). 

 



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Best wishes, Brian

 




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27 Apr 2017 6:39 PM by Tadd1966 Star rating in Los Montesinos. 1754 posts Send private message

Tteedd

We were given the same advice and we ensured both wills reference the other one and our beneficiaries are the same in both. No contradictions 

No problems very easy and very cheap so we are content 

Whether you need 2 or not is a question for professionals and individuals needs and personal circumstances  

So for the OP as always seek professional advice simple really 



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



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27 Apr 2017 6:49 PM by tteedd Star rating in Hertfordshire & Punt.... 990 posts Send private message

Well Brian, my Abogado advised it and, as she was the professional I was paying to get things right, I took her advice.

It was a long time ago now, but I believe she said that the Spanish will was less likely to cause problems and not subject to mis-interpretation.

So I suppose the answer was that one could suffice, but in her experience it was better to have a Spanish one as well.

As I stated I'm resident in the UK. Things may be somewhat different if you are resident in Spain.

I have 'Blevins Franks' Guide to living in Spain, in front of me:

'It is easier to have two wills; a Spanish one for Spanish assets and an English one for English assets, if you continue to reside in the UK. Otherwise your Spanish will should be for all assets leaving your English will for just UK assets'

I think I can read some ambiguity into this so, if you want to be sure, ask a professional.





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27 Apr 2017 6:58 PM by briando55 Star rating in Yorkshire. 1982 posts Send private message

Thanks, it looks like the professional advice is to have two, so I think I'm going to look into this myself. 

Blevins Franks.....Cheers.  



_______________________

Best wishes, Brian

 




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28 Apr 2017 9:55 AM by JBymead Star rating. 4 posts Send private message

It seems that the best answer is find a local lawyer in Gran Canaria to sort it out for us.

JB





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28 Apr 2017 1:24 PM by Tadd1966 Star rating in Los Montesinos. 1754 posts Send private message

JB

I would agree .

As a suggestion take a copy of your UK will with you to GC

Good Luck



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



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