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Peniscola area, English speaking abogado

Peniscola area, English speaking abogado

Old Jan 15th 2017, 6:39 pm
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Default Peniscola area, English speaking abogado

Hello all. It's been a few years since I was active on here, since when we have finally bought our dream off-grid cottage in the outskirts of Peniscola, where we now spend 6 months each year.


I see there are a few forum members in our area. Does anyone know of an English speaking solicitor/abogado in the area where we could make a Spanish Will? There's not a lot of English spoken round here; my Spanish is passable but for a Will I'd prefer if possible to use someone whose English is better than my Spanish!


We used a dual qualified solicitor based in London for our purchase, but for various reasons we don't want to go back to him.


Many thanks in advance.
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Old Jan 16th 2017, 6:39 pm
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Default Re: Peniscola area, English speaking abogado

In some jurisdictions it is customary to use a lawyer and a sworn interpreter. is that not the case in Spain ?
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Old Jan 16th 2017, 8:33 pm
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Default Re: Peniscola area, English speaking abogado

As a retired lawyer, I know what the requirements are in the UK. I don't know what the law in Spain is regarding Wills and Inheritance, although I do know there are strict inheritance provisions in the event of intestacy. Hence my request for an English speaking abogado, both to make sure that our intended bequests are fully understood, and that they comply with any relevant Spanish law. Also, hopefully our children will be able to use him/her for the Spanish equivalent of Probate when the time comes.
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Old Jan 17th 2017, 7:28 am
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Default Re: Peniscola area, English speaking abogado

We have separate wills for the UK and Spain. The key thing is to ensure that both sets of wills state that the other wills exist and that your British assets will be dealt with under UK law.
I believe that the law has changed in line with EU directives and that you can just have a single will - UK jurisdiction is probably best - but whether this will all change with Brexit remains to be seen. It depends on May's Great Repeal Act how much of the better EU regs get left in UK law and how Spain treats non-EU residents post Brexit.
So, don't die soon to test it out and redraft your will(s) later if necessary
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Old Jan 17th 2017, 8:05 am
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Default Re: Peniscola area, English speaking abogado

Originally Posted by FranE View Post
As a retired lawyer, I know what the requirements are in the UK. I don't know what the law in Spain is regarding Wills and Inheritance, although I do know there are strict inheritance provisions in the event of intestacy. Hence my request for an English speaking abogado, both to make sure that our intended bequests are fully understood, and that they comply with any relevant Spanish law. Also, hopefully our children will be able to use him/her for the Spanish equivalent of Probate when the time comes.
In Spain, it is far more common for a Notary to complete and witness wills - you certainly don't need a lawyer (abogado). Even if you do use an abogado, the wills MUST go through a notary anyway.

There are extremely strict inheritance provisions in Spain even if you have a Spanish will (you don't need to be intestate for this to occur). It would be worth your while making sure you add the "Brussles clause" to allow you to leave what ever you want to whom ever you want.

Something like;

The bequeather states that he wishes the disposition of
their assets,
rights and shares to be under the provisions of the law of
the bequeathers nationality as provided for under Civil Code
Article 9(8) and the EU Succession Regulations,
650/2012 Article 22.

La testadora manifiesta que esta disposición que
ahora otorga, es posible con arreglo a su Ley personal
y no prejuzga ni impide cualquier otra que pudiera tener
otorgada en su país de origen o en otro distinto del de
España, declarando que es su voluntad que sean aplicadas
las normas sucesorias del país de su nacionalidad a su sucesión,
en concreto las de Inglaterra y País de Gales.
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Old Jan 17th 2017, 11:05 am
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Default Re: Peniscola area, English speaking abogado

Thank you both Mike and snikpoh. I have received conflicting advice from both Spanish and UK lawyers. Tbe first said we should add a codicil to our UK Wills stating that our Spanish assets be dealt with under UK law, so we asked the other if they could prepare the codicil and they recommended having a Spanish Will ! They referred us to a Spanish speaking English lawyer, but his fees were (for us) prohibitive and as he would also be using a Spanish agent, we thought it would be cheaper to go direct, so to speak. He said nothing, however, about a codicil to our English Wills making reference to the Spanish Will - so that doesn't give me a great deal of confidence.


So I'm still unsure what to do. Our only Spanish asset is our house which - although we love the life there - is frankly not worth a great deal: like I said it is totally off-grid with bottled gas, solar power and a well for our water which we use only for washing (we buy bottled water for drinking and cooking) - and as we intend to leave it to our two children I would hope that would not contravene any Spanish inheritance laws?


I suppose I could set about researching the law, and find some source material, but after 6 years of retirement from the law it's not really how I'd choose to spend my time now !!


Thanks both again, and if you or anyone else can add anything else please do so!!
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Old Jan 18th 2017, 4:36 am
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Default Re: Peniscola area, English speaking abogado

My understanding was that in countries influenced by the "Code Napoleon" there is a fairly well-codified system of inheritance in place. But I am sure it is better to get it all checked out.
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