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making another will

making another will

Old Jun 15th 2013, 12:38 pm
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Default making another will

Can anyone please advise about making/changing a will in Spain?

The situation is, my dad owns two properties one he lives in in Spain and one he rents out in London. When he bought the spanish house he made a will but only for his estate in Spain. He wants to make a will for the London house now, but is in hospital so can't leave hospital and won't be out for quite some time. He could have died in the last few weeks so now he wants to make a will regarding london house asap just incase, as he doesn't want to leave it in testate (is that what you call it?).

How does he do this, does he have to make a whole new will to include both houses, does it have to be done with a solicitor? Or can he just make a will in English just about the english house, which my sister can write or type for him and get it witnessed by someone who won't benefit from the will? Can you have two separate wills, one to deal with Spanish estate and one to deal with English estate, which I'm sure would be easier than getting spanish solicitors involved? Will the spanish government be entitled to tax from the english estate or whatever they take, (sorry I really haven't a clue about these things).
I have read that there is a new law about children must inherit some part of it, that is OK because it is only his children inheriting.

Thanks if you can help
Ruth
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Old Jun 15th 2013, 1:08 pm
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Default Re: making another will

Originally Posted by ruth46
Can anyone please advise about making/changing a will in Spain?

The situation is, my dad owns two properties one he lives in in Spain and one he rents out in London. When he bought the spanish house he made a will but only for his estate in Spain. He wants to make a will for the London house now, but is in hospital so can't leave hospital and won't be out for quite some time. He could have died in the last few weeks so now he wants to make a will regarding london house asap just incase, as he doesn't want to leave it in testate (is that what you call it?).

How does he do this, does he have to make a whole new will to include both houses, does it have to be done with a solicitor? Or can he just make a will in English just about the english house, which my sister can write or type for him and get it witnessed by someone who won't benefit from the will? Can you have two separate wills, one to deal with Spanish estate and one to deal with English estate, which I'm sure would be easier than getting spanish solicitors involved? Will the spanish government be entitled to tax from the english estate or whatever they take, (sorry I really haven't a clue about these things).
I have read that there is a new law about children must inherit some part of it, that is OK because it is only his children inheriting.

Thanks if you can help
Ruth
Having two wills is quite normal - but they have to mention each other. If not, then one might say " this is the last will ..... and overrides all others ...." which would be a problem!

I would suggest that he does an 'informal' will straight away and have some one (hospital staff?) witness it. However, it should mention the existence of the Spanish will and it should state that it only covers UK assets.

Hoping this helps, best of luck.
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Old Jun 15th 2013, 1:18 pm
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Default Re: making another will

Thank you for your help.
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