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| Costa Blanca Lawyers - Spanish and English Wills - Do you need one or both? Probably both. |
Many English living in Spain do not have Wills that match their wishes
If you have assets in Spain
and England you should
have a will in each country
ensuring each does not
invalidate the other
Spanish wills must be
Notorised and filed with the
central office in Madrid
If you have No Will and No
blood relatves the state
gets the lot
Do not presume that your
partner will automatically
get everything this is not
the case under Spanish law
Specific provisions need to
be made if you intend to
leave assets to non blood
relatives
and England you should
have a will in each country
ensuring each does not
invalidate the other
Spanish wills must be
Notorised and filed with the
central office in Madrid
If you have No Will and No
blood relatves the state
gets the lot
Do not presume that your
partner will automatically
get everything this is not
the case under Spanish law
Specific provisions need to
be made if you intend to
leave assets to non blood
relatives
| NORTH OFFICE ALFAZ DEL PI Tel 966 860 555 Calling From The UK? 3p per minute anytime Tel 08444 257 633 Contact SOUTH OFFICE SAN FULGENCIO Tel 966 727 931 Contact |
Unfortunately, many English people living in Spain
do not have an English or Spanish Will. When
buying a property here they are simply told “You
need a Spanish Will to cover your Spanish Assets”
This statement in itself is correct. What advice you
do not get is why it should be complimented by an
English Will, especially if you have assets in
England.
It is highly likely that no account has been taken of
your personal circumstances or any assets you may
have in the UK (it must be remembered that the
Laws in Scotland are different to England and Wales
and are subject to some degree of obligatory heirs).
Many people don’t even think about the future or
consider the implications of not having an English
Will. If you already have an English Will it may not
take account of your Spanish Assets.
More worryingly if you have an English and Spanish
Will you may find that they contradict one another and
what you thought you were leaving and to whom may
not in fact be the case.
Indeed it may be that a later Will cancels an earlier
Will when that was not what was intended.
Special and specific provisions need to be made if
you are leaving part of your estate to anyone who is
not a blood relative if you are to avoid the obligatory
heirs law in Spain. You should not presume that
your partner will automatically get everything this is
not the case as the state may take the lot!
do not have an English or Spanish Will. When
buying a property here they are simply told “You
need a Spanish Will to cover your Spanish Assets”
This statement in itself is correct. What advice you
do not get is why it should be complimented by an
English Will, especially if you have assets in
England.
It is highly likely that no account has been taken of
your personal circumstances or any assets you may
have in the UK (it must be remembered that the
Laws in Scotland are different to England and Wales
and are subject to some degree of obligatory heirs).
Many people don’t even think about the future or
consider the implications of not having an English
Will. If you already have an English Will it may not
take account of your Spanish Assets.
More worryingly if you have an English and Spanish
Will you may find that they contradict one another and
what you thought you were leaving and to whom may
not in fact be the case.
Indeed it may be that a later Will cancels an earlier
Will when that was not what was intended.
Special and specific provisions need to be made if
you are leaving part of your estate to anyone who is
not a blood relative if you are to avoid the obligatory
heirs law in Spain. You should not presume that
your partner will automatically get everything this is
not the case as the state may take the lot!
Ideally a Spanish Will deals with your assets in
Spain. To have a Spanish Will alone leaves you
exposed to an argument that you are a Spanish
Resident and therefore your assets should be
distributed in accordance with Spanish Law and not
English Law.
The Spanish authorities are more stringent about
assessment and collection of taxes such as
property, capital gains and inheritance tax. You
therefore need to ensure that Wills are up to date
and make provision for this.
The Valenciana government have recently changed
inheritance laws for its residents. There are various
considerations and it is quite complicated but an
existing Spanish Will may now not be to your
advantage. You should check it out.
All Spanish Wills must be notarised and filed with
the Central Office in Madrid. A stamped copy of your
Will is given as proof of this. Where appropriate all
Spanish Wills should also be translated in to
English.
It costs nothing to check out your own position and
peace of mind could be worth a fortune for your loved
ones at a later date.
Please do not put off until tomorrow what are vital
documents in Spain. We offer an initial free
consultation so do please call us and arrange an
appointment for specific advice on your own
personal situation.
Spain. To have a Spanish Will alone leaves you
exposed to an argument that you are a Spanish
Resident and therefore your assets should be
distributed in accordance with Spanish Law and not
English Law.
The Spanish authorities are more stringent about
assessment and collection of taxes such as
property, capital gains and inheritance tax. You
therefore need to ensure that Wills are up to date
and make provision for this.
The Valenciana government have recently changed
inheritance laws for its residents. There are various
considerations and it is quite complicated but an
existing Spanish Will may now not be to your
advantage. You should check it out.
All Spanish Wills must be notarised and filed with
the Central Office in Madrid. A stamped copy of your
Will is given as proof of this. Where appropriate all
Spanish Wills should also be translated in to
English.
It costs nothing to check out your own position and
peace of mind could be worth a fortune for your loved
ones at a later date.
Please do not put off until tomorrow what are vital
documents in Spain. We offer an initial free
consultation so do please call us and arrange an
appointment for specific advice on your own
personal situation.
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Tel 966 814 506