Making a Spanish Will

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22 Jun 2020 18:18 by MontseBG Star rating. 2 posts Send private message

Hi there,

Happy to meet you all! This is my first post. 

I am a Spanish national married to a British national. We have lived in Spain for more than 10 years, having lived in the UK previously to that. 

We are looking into making a Spanish will for our Spanish assets only, which include a property. We already have a UK will, written way back before we moved to Spain. The British will includes all worldwide assets and I wonder if it is going to cause a problem with our Spanish will.

My husband wants the British law to apply to his Spanish will, but not sure if we should redo our British will to exclude the Spanish assets?

Thanks very much for your help!

Montse





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22 Jun 2020 19:10 by Marksfish Star rating in Vera, Almeria. 2577 posts Send private message

Marksfish´s avatar

My Wife and I had a Spanish will made up some years ago. We have them written with reference to UK law, which is currently legal. Not sure how it will be affected after Dec 31st though. When doing our UK will, we found it very difficult to persuade the solicitors that our Spanish will referenced our UK will, they kept writing in the Spanish assets as "to be dealt with under Spanish law". 





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24 Jun 2020 04:25 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1099 posts Send private message

Kavanagh´s avatar

If you have a British WILL that covers ALL your worldwide assets to leave whatever to whoever why would you need any other WILL?



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24 Jun 2020 22:07 by MontseBG Star rating. 2 posts Send private message

For what I gather, it is important to have a Spanish will, just for your Spanish assets, to avoid certain problems. If you only have a UK will (even if it includes worldwide assets), it will need to be translated into Spanish by a sworn translator, and also have some other legal procedures done such as having the Apostille seal of The Hague Convention. All this takes time and money. So it is much easier to have a Spanish will. But I am not an expert.

 

 

 





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