THE IMPORTANCE OF MAKING A WILL IN SPAIN
In Spain there is a General Registry of last Will & Testament, which compiles information about any Will signed in Spain, with specific details such as the date, the Notarial office where it was signed and if it is an open or closed Will.
In Spain it is possible to make several Wills. The last one signed will revoke automatically the previous ones, and therefore, will be the only valid one.
In Spain, Wills must be signed before Notary Public, making it impossible for the heirs to contest them. The Notary fees are approximately 60-90 €. If you are not fluent in Spanish you will need to be assisted by an interpreter. It is compulsory for the Will to be drafted in two languages, Spanish and your mother tongue, to make sure that you totally understand the content of the Will.
Finally, making a Will in Spain is a question of peace of mind. When the moment arrives, the Inheritance process will be much easier and less expensive. If you don’t have a Will in Spain, the Notary first checks if you have a Will in other country. In the absence of Will, the Notary requires a document stating who your heirs are. Non-residents can obtain a Probate issued by the UK that needs to be translated and receive the Apostille. If you are a resident in Spain, you will need to make a Declaración de Herederos (Spanish Probate), which can take up to three months and the Notary fees will be approximately 600-800 €.
To sum up, we strongly recommend making a Will in Spain, which will save you time and money.
POSSIBLE INHERITANCE PROBLEMS AFTER BREXIT
At first sight nothing should change with the BREXIT. As we explained before even if British citizens are no longer considered as EU citizens and the tax would be higher, according to case-law it is possible to benefit from the same conditions than EU citizens.
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