wills
Feb 23rd 2017, 10:49 pm
#1
Forum Regular
Thread Starter
Joined: Jul 2008
Location: Alfaz area
Posts: 72
wills
Evening all.
What can I expect to pay for a will in Spain ? . Thanks.
What can I expect to pay for a will in Spain ? . Thanks.
Feb 24th 2017, 5:48 am
#2
Retired and loving it!
Joined: Sep 2007
Location: Ontinyent - Valencia region (campo)
Posts: 5,159
Re: wills
Please go to a notary and NOT to an abogado or gestor - it'll be much cheaper.
You have to go through a notary anyway to lodge your will with Madrid so simply cut out the middle man.
We did ours over 10 years ago so I'll let others give you their costs.
You have to go through a notary anyway to lodge your will with Madrid so simply cut out the middle man.
We did ours over 10 years ago so I'll let others give you their costs.
Feb 24th 2017, 7:36 am
#4
BE Forum Addict
Joined: Aug 2009
Location: Costa Blanca
Posts: 3,143
Re: wills
If you made a Spanish will over 10 years ago I would suggest you may need to review it in the light of recent law changes.
Feb 24th 2017, 9:08 am
#5
Retired and loving it!
Joined: Sep 2007
Location: Ontinyent - Valencia region (campo)
Posts: 5,159
Feb 24th 2017, 10:48 am
#6
BE Forum Addict
Joined: Apr 2013
Location: Hampshire coast
Posts: 1,584
Re: wills
We also made ours over 10 years ago.
Could someone explain what may need changing.
We are non residents - does that make any difference?
Thanks.
Could someone explain what may need changing.
We are non residents - does that make any difference?
Thanks.
Feb 24th 2017, 12:40 pm
#7
Retired and loving it!
Joined: Sep 2007
Location: Ontinyent - Valencia region (campo)
Posts: 5,159
Re: wills
A Spanish will is, generally, for all Spanish assets. If you want the will to be probated under UK rules, then you need to add the 'Brussels clause' to the will (in Spain this means a new will as codicils are not allowed).
This new clause allows YOU to decide you inherits rather than that being determined by Spanish law. It does not change where you must pay tax.
The bequeather states that this Will is possible in accordance
with their personal law, and does not prejudice or obstruct any
Will executed in their own country or any other country other
than Spain, declaring that it is their wish that the laws of
heirship of their country of nationality are applied to their heirs´
successions, that of England and Wales.
and
The bequeather states that he wishes the disposition of
their assets, rights and shares to be under the provisions of the law of
the bequeathers nationality as provided for under Civil Code
Article 9(8) and the EU Succession Regulations,
650/2012 Article 22.
La testadora manifiesta que esta disposición que
ahora otorga, es posible con arreglo a su Ley personal
y no prejuzga ni impide cualquier otra que pudiera tener
otorgada en su país de origen o en otro distinto del de
España, declarando que es su voluntad que sean aplicadas
las normas sucesorias del país de su nacionalidad a su sucesión,
en concreto las de Inglaterra y País de Gales.
with their personal law, and does not prejudice or obstruct any
Will executed in their own country or any other country other
than Spain, declaring that it is their wish that the laws of
heirship of their country of nationality are applied to their heirs´
successions, that of England and Wales.
and
The bequeather states that he wishes the disposition of
their assets, rights and shares to be under the provisions of the law of
the bequeathers nationality as provided for under Civil Code
Article 9(8) and the EU Succession Regulations,
650/2012 Article 22.
La testadora manifiesta que esta disposición que
ahora otorga, es posible con arreglo a su Ley personal
y no prejuzga ni impide cualquier otra que pudiera tener
otorgada en su país de origen o en otro distinto del de
España, declarando que es su voluntad que sean aplicadas
las normas sucesorias del país de su nacionalidad a su sucesión,
en concreto las de Inglaterra y País de Gales.
Feb 26th 2017, 10:33 am
#8
BE Forum Addict
Joined: Apr 2013
Location: Hampshire coast
Posts: 1,584
Re: wills
It makes no difference.
A Spanish will is, generally, for all Spanish assets. If you want the will to be probated under UK rules, then you need to add the 'Brussels clause' to the will (in Spain this means a new will as codicils are not allowed).
This new clause allows YOU to decide you inherits rather than that being determined by Spanish law. It does not change where you must pay tax.
A Spanish will is, generally, for all Spanish assets. If you want the will to be probated under UK rules, then you need to add the 'Brussels clause' to the will (in Spain this means a new will as codicils are not allowed).
This new clause allows YOU to decide you inherits rather than that being determined by Spanish law. It does not change where you must pay tax.
Feb 27th 2017, 1:49 pm
#9
Just Joined
Joined: Feb 2017
Posts: 21
Re: wills
If we are renting long term in Spain and become Spanish residents should we make a Spanish will. Our only assets will be money held in a UK bank account.
Feb 27th 2017, 2:08 pm
#10
BE Forum Addict
Joined: Aug 2009
Location: Costa Blanca
Posts: 3,143
Re: wills
Depends what you want to happen to your assets. Take professional advice.
Feb 27th 2017, 2:55 pm
#11
Just Joined
Joined: Feb 2017
Posts: 21
Re: wills
We did make enquiries with a company in Uk re our tax and wills situation. They took our details and then wanted an extortionate amount of money for initial advice before actually doing any paperwork. I realise that we will need to do things properly but it seemed a lot of money for a few pointers.
Feb 27th 2017, 3:20 pm
#12
BE Forum Addict
Joined: Aug 2009
Location: Costa Blanca
Posts: 3,143
Re: wills
Typical rip off Britain. Try a Spanish abogado which is worth having if you are going to be living in Spain.
