Sorry if this has been covered before but after reading the post further below I've decided that we should definitely have Spanish wills drawn up. Is this something a gestor can do or does it have to be a solicitor?

Hi

A gestor can do this, in fact anyone can (I think) we have a friend who works as a translator here in Chiclana, we gave her copies of our English will which she translated into Spanish we then all went along to the notary's office where she arranged to have the wills typed up onto their will forms, (Spanish and English side by side) waited for our appointment with the notary. He read them out in Spanish our friend translated what he said, we then signed them, she was the witness, all donein about 2 hours. The wills were kept until they could be registered, about 3 weeks later we got them back she charged us 240 euros but this did included payment for some other work that she did for us. I know peeps that have been quoted over 300 euros per person so I think we were lucky.

So you don't need a lawyer to draw up a will. Is your will just as valid as the one done by a lawyer? Is your English will done by a lawyer?

I would seek out a solicitor qualified in E & W practising in Spain as an Abogado or in partnership with one. There are a few around. Just check the Law Society website. For goodness sake why scrimp on what could be the best decision you make for your family.

Our wills are as valid as any one who has used a lawyer, the wills are registered in Madrid, they were read and signed in front of the notary as well as being typed up on the offical will document as supplied by the notary office, including the Spanish and Enlglish translatation side by side that is a reqirement when the will is a copy if a British will. We paid the notary for his service and our friend who has been doing this sevice for both Brits and Spanish people for a few years. It is part of a full service that she offers for people, she has lived in Spain for over 20 years and is very capable in her job.

In the UK we did not use a solicitor but one of many company's that specalise in writing and the storing wills, we paid a simular charge back in 2005 to have our English wills drawn up and now we pay £36 a year for them to store the wills and we can make as many changes to them without further charge. There is no need for a solicitor to write your wills in the UK either.


It is not a case of scimping, if there is no need to use a solicitor and I am confident in what I am doing then I don't really see why I should employ one, but if others are not sure in what they are doing then by all means they must do what is best for them.

Yes, agreed, crispy. Spanish lawyers generally are good for nothing and an unnecessary expense.

If you go directly to the notary with your requirements as you have done the will is drawn up according to Spanish law and the subsequent paperwork and registration is handled by the notary who would still do it even it you did use a lawyer.

Thanks for your post beachcomber.

I can only congratulate you on your obvious knowledge of the complexities involved in making sure that each will stands as a valid will. I doubt however that the majority of readers of this thread have the knowledge required to protect their next of kin.

Two wills made by the same lawyer at the same time, that lawyer being fully conversant with both sets of legal rules, has to be better for the majority of folk.

As for paying £36 per annum for a willmaker holding my will, no way. If you returned to the willmaker to change your will do you think he or she would know enough about Spanish law to fully protect you? I wouldn't even use most Solicitors in the UK to accomplish what is required and they will generally only charge £150 approx for his & hers wills and will keep them free of charge (in the hope of getting the estate work in due course)

Justlookin, we have two sets of wills one set are in English and are in storage in the UK the other set are in Spanish (with an English translation to make life easier for our ecutors) and fully meet Spanish requirements. Both sets of wills are mirror image of each other and clearly state our requirements and are both fully legal in both countries. Having 5 children between the two of us we are very aware of the need to have all the I's dotted and the T's crossed, as the original wills were drawn up before we were married.

As for paying £36 well that's my business and I'm happy to do that, scrimping I'm not. My first reply was merely telling the OP what I had done, what they take from that is up to them, they asked the question "Can a gestor draw up a will or does it have to be a solicitor" my answer "it can be a gestor or anyone else for that matter" as I said they can take what that want from that answer.

Neither do the majority of Spanish lawyers.

Thanks crispy for your reply. As long as the will is valid, I don't care whether I use a lawyer or not. Why not if I can save money not using a lawyer.

In Canada, anyone can buy a will kit from the bookstore & the will needs of have 2 witnesses & the will is just as valid as that drawn up by a lawyer. The will kit costs < $50 Canadian.

The real point is not whether it is valid; it is whether it results in what you want. To achieve this you have to understand that there are problems caused by the treatment of property differently by both systems and generally the last will signed is the one that counts. There are exceptions but not many.

I just urge caution. I confess to looking to save money but with a will, apart from asking for quotes from solicitors I will take the more expensive route.

Yes we need to take caution but I don't agree that the more expensive route is always the best.

A good book to have is called "You & the Law in Spain" by David Searl, published by Santana Books, I thought I had lost my copy but owing to a major sort out of cupboards today I have found it.

As a foreigner you will probably find that the Spanish authorities will not worry to much about the Spanish law of complusory heirs, in which you must leave two-thirds of your estate to your children. You can leave your estate to whomever you want to as long as your own national law permits this.

Mal and I are leaving all our estate to our 5 children and we have written in a clause that states it must be shared between the five of them although they are not all of whole blood.

Don't forget that what ever you do you will be subject to the inheritance tax.

Thanks crispy for recommending the book. My daughter has bought several book about Spain but I just don't much time for reading as I still have a part-time contract.