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12 Mar 2018 3:43 PM by terry gill Star rating in portsmouth england a.... 29 posts Send private message

Would anyone know the answer please. My partner and I are not married, we jointly own our house here in Spain. If we were to make wills then at a later date get married do we have to redo the wills, apart from the name change? Thanks in advance.



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12 Mar 2018 3:59 PM by floella Star rating in SE Spain. 803 posts Send private message

https://www.eyeonspain.com/forums/posts-long-23488.aspx

Have no idea.....but......from this recent thread think advisable to make a will...now.





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12 Mar 2018 4:02 PM by juansheetisplenty Star rating in Cartagena. 283 posts Send private message

juansheetisplenty´s avatar

Hi there. You need to provide some more information before anybody can answer. 

1) Where is your legal domicle UK or Spain?

2) Where will the wills be drawn up, UK or Spain, and if in Spain stipulating what legal jurisdiction?

3) Will there be seperate will for UK and Spanish assets?

Under UK law existing wills are negated by marriage. If you were UK resident at the time of marriage usual intestacy rules will apply for probate, if no new will is made.

I am afraid it is a really complex area since UK did not adopt EU changes legal jurisdiction of wills a few years back.

 

 





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12 Mar 2018 4:08 PM by johnzx Star rating in Spain. 5242 posts Send private message

I guess you are talking about spain.

You probably will but there is no legal reason why either of you should change your name upon marriage.  In fact in spain , for Spaniards at least, there is no legal ability to change ones name unless approved on the order of a judge

Of course take advice from a notary but as you will still be the same people I cannot foresee that you need to change the wills

In spain you cannot just make an amendment to a Will.  Any alteration requires a new Will

Ps. I wrote this before Juan posted so I have  not considered what he has said

See.   https://www.netlawman.co.uk/ia/will-effect-marriage-divorce#Effect%20of%20marriage%20on%20your%20will

Another thought.  As you will probably stipulate that the Will is made under english law you may need to consider what U.K. law demands as well as Spanish law   So making a new Will after marriage might be the best thing to do
 


This message was last edited by johnzx on 12/03/2018.



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