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Cost of Spanish will

Cost of Spanish will

Old Jun 9th 2014, 11:13 am
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Default Cost of Spanish will

Any one made a Spanish will recently?
How much did it cost, including,interpreter, English copy and notary fees?
Seems to be a big difference in what people have been charged, or, dare I say,sometimes ripped off?
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Old Jun 9th 2014, 1:32 pm
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Default Re: Cost of Spanish will

Originally Posted by Neptuno
Any one made a Spanish will recently?
How much did it cost, including,interpreter, English copy and notary fees?
Seems to be a big difference in what people have been charged, or, dare I say,sometimes ripped off?
A 'proper' will won't have an English copy. There should be just one will with two columns - one column Spanish and one column English.

Just remember that it MUST make mention of the English will if one exists - and vice versa. So many people I know have got wills that state "this is the last will and testament ..... and replaces all others ..."
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Old Jun 9th 2014, 2:03 pm
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Default Re: Cost of Spanish will

Originally Posted by Neptuno
Any one made a Spanish will recently?
How much did it cost, including,interpreter, English copy and notary fees?
Seems to be a big difference in what people have been charged, or, dare I say,sometimes ripped off?
We had one done about a year ago; I'm British, my wife Spanish/Basque. It cost around €80. We didn't need to do it via an agent/ translator. It will only relate to your estate in Spain. If you have anything in the UK, it'd be better to have a will made there too.
Yes, take note also of what Snikpoh says above.
Hope that helps you.
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Old Jun 9th 2014, 2:33 pm
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Default Re: Cost of Spanish will

I understand that, so long as your will is straightforward, the local Notary will do it for a very reasonable fee.
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Old Jun 9th 2014, 4:18 pm
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Default Re: Cost of Spanish will

Originally Posted by snikpoh
A 'proper' will won't have an English copy. There should be just one will with two columns - one column Spanish and one column English.

Just remember that it MUST make mention of the English will if one exists - and vice versa. So many people I know have got wills that state "this is the last will and testament ..... and replaces all others ..."
I have one like that now, trouble is, it doesn't contain the vital clause about wanting the law of British nationality to apply to my assets, which is now necessary , since the law changes in August next year.
It means I have to get a new will done as Spain doesn't do codecils
Nice little earner for solicitors, translators and notaries.
Why can't a label or stamp be put on existing wills, to the effect this will must be dealt with under british law? Too easy?
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Old Jun 9th 2014, 4:40 pm
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Default Re: Cost of Spanish will

I must check ours to ensure it complies with the above rule not sure. Our will does have a translated copy which was signed off at the notary as a true copy of the original, both have the 2 column layout. I have been considering a new one anyway as at the moment we are non resident and the house is jointly owned by me and my wife.it currently states the other inherits others half on first death and daughter inherits if both die. Thinking it may be better for daughter if we changed it so she inherits others 50% on first death as my thinking is. Say I die first daughter inherits my half and gets an inheritance tax allowance , when wife daughter inherits her 50% and gets an allowance for that inheritance. Any thoughts on problems if we did this?
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Old Jun 9th 2014, 5:09 pm
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Default Re: Cost of Spanish will

Originally Posted by bobd22
I must check ours to ensure it complies with the above rule not sure. Our will does have a translated copy which was signed off at the notary as a true copy of the original, both have the 2 column layout. I have been considering a new one anyway as at the moment we are non resident and the house is jointly owned by me and my wife.it currently states the other inherits others half on first death and daughter inherits if both die. Thinking it may be better for daughter if we changed it so she inherits others 50% on first death as my thinking is. Say I die first daughter inherits my half and gets an inheritance tax allowance , when wife daughter inherits her 50% and gets an allowance for that inheritance. Any thoughts on problems if we did this?
Most wills made years ago will not comply, as it's only been in the last couple of years that it came into force that unless you had this specific clause in your will, your assets would be disposed of according to Spanish law. As you are both non residents, I don' t think it would affect you, but check on that!
Your plan depends on whether your wife needs to inherit all your assets in order to be able to get on with
her her life, buy a house etc.
many leave everything to the spouse and in the event of his/ her death the children inherit.
As you are non resident, you only have the allowance of just under 16,000. K each.
Would your inheritees be able to pay the IHT?
Obviously it would be cheaper for your wife if your daughter also inherited,
Having 2 allowances, but it depends on personal circumstances.

Last edited by Neptuno; Jun 9th 2014 at 5:15 pm.
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Old Jun 9th 2014, 5:58 pm
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Default Re: Cost of Spanish will

"If you have anything in the UK, it'd be better to have a will made there too."

As far as I understand, a person can only have one will that is in effect.

"Why can't a label or stamp be put on existing wills, to the effect this will must be dealt with under british law? Too easy?"

Wills have certain legal requirements to avoid misuse.

You don't have to have the will rewritten by anybody, just have the same text as before and add one clause translated into the other language, so the signing stuff and get it notarized.
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Old Jun 9th 2014, 8:14 pm
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Default Re: Cost of Spanish will

Thanks Neptuno for your detailed reply. That is how I see it I.e. our daughter would benefit from having an allowance from each of us. My wife would not need to inherit my half in Spain as we have a joint property in UK that she would own then outright. I must look into it as it would seem it will save our daughter at least 16000 Euros which would obviously benefit her.
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Old Jun 9th 2014, 8:52 pm
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Default Re: Cost of Spanish will

Originally Posted by Fred James
I understand that, so long as your will is straightforward, the local Notary will do it for a very reasonable fee.
Exactly , this is what we did, for under 50 euro, cannot remember exact cost
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Old Jun 9th 2014, 10:16 pm
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Default Re: Cost of Spanish will

Originally Posted by hatecold
"If you have anything in the UK, it'd be better to have a will made there too."

As far as I understand, a person can only have one will that is in effect.

"Why can't a label or stamp be put on existing wills, to the effect this will must be dealt with under british law? Too easy?"

Wills have certain legal requirements to avoid misuse.

You don't have to have the will rewritten by anybody, just have the same text as before and add one clause translated into the other language, so the signing stuff and get it notarized.
I am afraid that most of what you say is completely incorrect.

It is perfectly possible to have a will that is valid in the UK and another that is valid in Spain.

IN Spain, you cannot just add a clause to an existing will, it has to be rewritten in full and submitted to the national registry of wills as a new will..
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Old Jun 10th 2014, 4:22 am
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Default Re: Cost of Spanish will

Most that I say is not incorrect, you just did not understand fully. I'm actually saying the same as you, but just reminding that it does not have to be that much work.

"IN Spain, you cannot just add a clause to an existing will, it has to be rewritten in full and submitted to the national registry of wills as a new will."

Well. what I meant is, that f the will remains the same apart from the added clause, you can just copy the old language versions and add the clause. No need to write a new one if it has not changed. Should be cheaper than drawing a completely new one, since you have the translation and everything as well. I am fully aware that one cannot just go and edit a will.

Please explain how it is possible that a person has two LAST wills? I'd like to see some legalese on that.
And what do you mean by being valid in UK and another one in Spain. You meant that one is about the property in one country and one in another, or one is valid when you die in Spain? That really really sounds odd either way.

EDIT: just talked to my lawyer. Even if I will buy a house in Spain and move there, I don't need an another will, just need to make sure the one in his safe is up to date.

It just seems that you guys have many things that are so much more complicated than we do. For example it was quite a surprise to my British in-laws to find out we do not need a solicitor when buying a house in Finland. :-)

Last edited by hatecold; Jun 10th 2014 at 5:29 am.
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Old Jun 10th 2014, 5:38 am
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Default Re: Cost of Spanish will

Originally Posted by hatecold

...

Please explain how it is possible that a person has two LAST wills? I'd like to see some legalese on that.
And what do you mean by being valid in UK and another one in Spain. You meant that one is about the property in one country and one in another, or one is valid when you die in Spain? That really really sounds odd either way.

EDIT: just talked to my lawyer. Even if I will buy a house in Spain and move there, I don't need an another will, just need to make sure the one in his safe is up to date.

...
This is what I meant about getting the wording correct - don't say such things and then you will be OK.

Regarding not having a will in Spain - I would say "ditch your lawyer"! So many problems arise when there is no valid will lodged with the authorities in Spain. It can cause so many problems and a VERY long delay.
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Old Jun 10th 2014, 8:01 am
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Default Re: Cost of Spanish will

"This is what I meant about getting the wording correct - don't say such things and then you will be OK."

The above is complete mumbo jumbo to me, I have no idea what the above means. Perhaps because English is not my native language.


Thank you for the advice for ditching my lawyer, I'm sure he is pleased to hear that he does not know what he is doing. LOL. No, I am not ditching him because some unknown person in a anonymous discussion forum suggests such action. :-) He deals with international matters all the time.

In any case, if there was an another will, it must be identical to the first one, because you can only have one in effect. You can't say one thing in one of them and an another thing in the other one. One of them will have to be contested and one will stay in effect, the one which is dated later.

Just read about case of two wills, the earlier one had separate mention of the house, the latter not. The earlier did not count at all.

(And to make you guys even happier: In Finland we don't even register wills anywhere and anyone can write their own will if they so wish. )

There is no legal requirement to have anything lodged in Spain, so we won't. If it slows things down, so it will. I'm sure the Animal Sanctuary will have the patience to wait a while.

I get the feeling that people make things more complicated than what they really are.
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Old Jun 10th 2014, 9:10 am
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Default Re: Cost of Spanish will

Originally Posted by hatecold
"This is what I meant about getting the wording correct - don't say such things and then you will be OK."

The above is complete mumbo jumbo to me, I have no idea what the above means. Perhaps because English is not my native language.

Oh dear - just trying to help. The wills must NOT state that that tghey replace any other.


Thank you for the advice for ditching my lawyer, I'm sure he is pleased to hear that he does not know what he is doing. LOL. No, I am not ditching him because some unknown person in a anonymous discussion forum suggests such action. :-) He deals with international matters all the time.

Unfortunately, it's clear that neither you nor your lawyer understand how things work in Spain - we are only trying to help you

In any case, if there was an another will, it must be identical to the first one, because you can only have one in effect. You can't say one thing in one of them and an another thing in the other one. One of them will have to be contested and one will stay in effect, the one which is dated later.
This is simply wrong. One details property in Spain - and clearly states this. Whilst the other details property in Finland or where ever.

Just read about case of two wills, the earlier one had separate mention of the house, the latter not. The earlier did not count at all.

(And to make you guys even happier: In Finland we don't even register wills anywhere and anyone can write their own will if they so wish. )

There is no legal requirement to have anything lodged in Spain, so we won't. If it slows things down, so it will. I'm sure the Animal Sanctuary will have the patience to wait a while.
Yes there is (may not be a legal requirement but is certainly done and recommended)

I get the feeling that people make things more complicated than what they really are.

How can you make that statement whilst not knowing the regulations here?
comments above - we are simply help you and your lawyer understand how things work in Spain.
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