Arranging a Spanish Will with caveats, any help greatly appreciated?!

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25 Oct 2025 5:15 PM by Jansy Star rating. 6 posts Send private message

Hi there to all

I've used this site a couple of times and those who've replied have been very helpful, indeed lifesavers!  Thank you

If anyone has had experience of this problem or can direct me to someone who can help , please do -

My husband and I arrived in April - it's our six-month anniversary this weekend :) - and are still going through the process now here after everything in UK to gain our NLVs.

The main - and very worrying - thing we are stuck on is to arrange Spanish Wills. We of course wish to leave the estate to each other and bypass the Forced Heirship Rule as we have no children. We have been waiting for around six months to now be told we cannot leave to charity here as the final option (when one outlives the other then dies.....) Our  legal firm say we need a person to leave it to in order for them to then distribute the assets to the named charities (which frankly are already on our UK wills but of course don't count here)

Bizarrely enough, we've googled it and AI replies you can state you want the residual estate to be deal with as UK law, as being British entitles the estate to return to British Charities as states in the UK will.....? However our notary has thrown it back (before we'd googled the way forward) saying it cannot be done and has to go to a person......??

So, we've already emailed our solicitor to see if they can act as executor and distribute funds but had no reply.....not sure if that means they can't do it or won't do it..? Also we have thought of friends to help but, candidly speaking, we are all  in our 60s so it's a big ask for someone to be executor at this stage in our lives......the option of leaving to family is out, ie there isn't any.......?

We just cannot leave alone as if this wasn't deal with, a death would trigger the six-month rule, and, let's face it, it has taken six months to get our TIE cards when we were told it should happen within 28 days so the thought of the Spanish Goverment receiving it all is giving us sleepless nights!!,

Many thanks in advance for your help.

Jan and Mark 
 

 





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