Living will question
 

Hi all! I am a new member, a Brit living in Seville since last year.

My wife and I have mde a Will under English law, registered with a legal firm in the UK. So far, so good. Our problem is the living will (ultimas voluntades). Much of the normative is clear, but we have each to appoint at least one representative to act as "interpreter" of our decisions to the medics. The law explicitly excludes certain people from being representatives because of possible conflicts of interest - but doesn't exclude family members, who (being beneficiaries of our Wills) would benefit from our death: specifically, my wife and I have named each other as heirs, and we would like to name each other as representatives, but we are afraid that someone might see a conflict of interest and thus regard our wills as invalid. Has anyone come across this issue?

Many thanks! Marco

Has anyone

Re: Living will question
 

Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

Re: Living will question
 

Ca n you not ask the legal firm that drew up your wills what the situation is regarding conflict of interest - surely they should have drawn up your wills with this in mind? The whole point is that a will should be clear and unambiguous.
Are you talking about the interpretation of an English will in Spain and how Spanish law would relate to it. The simple answer is that it doesn't, although a more complicated answer is that it might be regarded as an expression of wishes. You probably would need a Spanish lawyer (and Spanish will) to be on the safe side.

Re: Living will question
 

Yes, you don't make it clear (to me) as to whether this is a UK will for use in Spain (and UK) or a Spanish will for use in Spain.

Certainly, if you are living in Spain, I would suggest you have a Spanish will and have it lodged in Madrid. This will speed things up in Spain when the need arises. This will should make reference to your UK will.

Don't forget that your beneficiaries will still have to pay tax in Spain!

Re: Living will question
 

Are you sure that you mean a living will? This is not the same as "ultimas voluntades". A living will, which is only possible in some regions, determines how you final medical treatment should be handled DNR etc.

In Andalucia it is an option

Making a Living Will, Andalucia public health system, living in Andalucia, Spain | Living in Andalucia | Andalucia.com

Is this what you mean?