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-   -   Making a will in Spain (https://britishexpats.com/forum/spain-75/making-will-spain-949598/)

softlad Oct 18th 2023 9:21 pm

Making a will in Spain
 
I made a will about a year or so ago in the UK and the solicitor informed me that I have to make one in Spain, as any property you own abroad cannot be included in a UK will. Assuming this is true, I was going to call in to my solicitors next month and sort this out. Does anybody have any information/tips/pitfalls I should be aware of? Roughly speaking how much should I be looking to pay. Thanks in advance.

snikpoh Oct 18th 2023 9:47 pm

Re: Making a will in Spain
 

Originally Posted by softlad (Post 13222204)
I made a will about a year or so ago in the UK and the solicitor informed me that I have to make one in Spain, as any property you own abroad cannot be included in a UK will. Assuming this is true, I was going to call in to my solicitors next month and sort this out. Does anybody have any information/tips/pitfalls I should be aware of? Roughly speaking how much should I be looking to pay. Thanks in advance.

Using a solicitor is the expensive option. They have to use a notary anyway so my advice would be to go directly to the notary unless your situation is particularly complex.

Make sure it's in Spanish (and English if you wish) and that it contains the 'Brussels' clause (if you wish).

Should cost no more than around 50€

softlad Oct 24th 2023 8:41 pm

Re: Making a will in Spain
 

Originally Posted by snikpoh (Post 13222209)
Using a solicitor is the expensive option. They have to use a notary anyway so my advice would be to go directly to the notary unless your situation is particularly complex.

Make sure it's in Spanish (and English if you wish) and that it contains the 'Brussels' clause (if you wish).

Should cost no more than around 50€

Thanks for the reply. Yeah, sorry the bloke is a notary, not a solicitor. I've googled Brussels clause. As I understand it, that means that the Spanish will recognizes that the English one is the more important, so to speak. Have I got that right? Thanks again.

Rosemary Oct 24th 2023 8:51 pm

Re: Making a will in Spain
 

Originally Posted by softlad (Post 13223246)
Thanks for the reply. Yeah, sorry the bloke is a notary, not a solicitor. I've googles Brussels clause. As I understand it, that means that the Spanish will recognizes that the English one is the more important, so to speak. Have I got that right? Thanks again.

The Brussels Clause is about you being able to leave your property according to English law rather than adhering to Spanish law not that the English one is more important. In Spain there is a set rule about succession so you could not for example by pass immediate family and allow a distant cousin to inherit whereas in the UK this is possible. Hence the inclusion of the Brussels Clause allows you to leave your property to whoever you want to. I am sure there is a lot more about it than that but that is the main thing about it.

Rosemary

softlad Oct 24th 2023 9:23 pm

Re: Making a will in Spain
 

Originally Posted by Rosemary (Post 13223248)
The Brussels Clause is about you being able to leave your property according to English law rather than adhering to Spanish law not that the English one is more important. In Spain there is a set rule about succession so you could not for example by pass immediate family and allow a distant cousin to inherit whereas in the UK this is possible. Hence the inclusion of the Brussels Clause allows you to leave your property to whoever you want to. I am sure there is a lot more about it than that but that is the main thing about it.

Rosemary

You put it a lot better than me, but that is more or less how I understood it. Thanks again.


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