jay01

I know that it is probably best to have wills that is both British and Spanish but is a Spanish one really needed if you do not have any Spanish assets?

My partner and I have not as yet made wills but as we only rent our home, do not have thousands held in Spanish bank accounts and only have a car that can be classed as a Spanish asset would we be better just sorting our affairs out with a British will, as financial assets are held in the UK.

What is the benefit of holding a Spanish will as well as a British one?

As my partner is an only child and has no surviving direct family the sorting of the estate will fall to one of his cousins, would they have any issues or would a British will or just by being his cousin be enough to give them the right to sort everything in Spain including cremation of the body and scattering of ashes.

As I have both parents and children my affairs would be a lot easier to deal with as my funeral wishes will be placed in the British will and Spain recognises my children as being able to follow those wishes.

As we are not married I doubt I would be able to deal with any issues relating to him should anything ever happen to him and vice versa should anything happen to me.

snikpoh

I would say for him, perhaps not, but for you, yes - just in case there is an issue with family members. It just takes away any possible issues.

JulianWard

If you have any property (assets) in Spain, if you reply on a British Will there will be considerable legal fees to get translations etc.

I don't how burial arrangements are affected either way.

One other point. If one has a 'Last Will and Testament' in UK and then make another Will in Spain, it is probable that the UK Will becomes obsolete, as it is no longer the 'Last Will.' A codicil should be added to the UK Will so show that it relates only to UK assets. The Spanish Will should show that it relates only to Spanish assets.

whitelinen

It costs only around 75 Euros to have an average length English will translated by a Collegio registered translator in Spain.

Is that considered considerable these days?

JulianWard

May I suggest it would be more helpful to JAY01 if you answered the question she posed rather than just negatively criticising my post ?

Also, the costs involved are not limited to the translation ONLY. The UK and Spanish Courts will be involved, thus specialist lawyers in both countries., who will not be cheap (they never are).



Quote from Lawyer website : ---If you own property, yes. It is a slow and expensive process to get your foreign will recognized in Spain. For your heirs to get your Spanish property transferred to their names, the process is much simpler if there's a Spanish will. If there is no Spanish will registered at the Registro de Actos de Ultima Voluntad, then in the worst case, your property will pass to the local and regional government.

Quote from another site:-

If there is no Spanish will, the UK will is used but it must pass though the English courts and the Spanish legal system to be proven "valid". This takes time and additional expense - the services of a lawyer with expertise in international probate issues is required.

As Property, in theory, includes assets. I believe a Spanish Will is at the very least, desirable.

twistedmelon

There was a long thread on this not so long ago.
After doing my own research I was left with the impression that a Spanish will for a UK national was not really that necessary, it seems it is more important for Spanish people to avoid problems which can be drawn out for years.
The only thing that I found unclear was the rights of an unmarried couple.
As you have no assets here, it's not a prob, however as someone suggested, more importantly leave your usernames and passwords for all your financial stuff.
Best advice.....don't die

Rosemary

For what it costs I would say that having a will gives peace of mind, once it is completed you can sit back and enjoy life without wondering whether it should be done.

Rosemary

JulianWard

Since posts 6 and 7 were added I have edited my post at No. 5, which now contains further info.

whitelinen

Should read ...... contains totally incorrect info.

whitelinen

I have asked you several times to stop sending me PM´s yet again today you have sent another one calling me names.

I know I am not the only female to have received them.....I wonder, do you send them to men as well?

JulianWard

You TOLD me to not send you a private message just once. On that occasion I did not realise you were female.

As far as I know I have sent messages to just one other female and that was so that we could resolve a disagreement in private, so that we could post a useful and meaningful reply to someone who had asked a question and needed help.

My message this time, like last, was so that I would not appear impolite in the forum.

For the record my mail to you was "I am yet again surprised that a person with such broad experience chooses to appear uneducated and rude."

Rosemary

Presumably you are referring to Lynnxa.

You also sent me an e-mail to my Hotmail address not the PM facility on BE. I have now made sure that this cannot occur again as I do not wish to receive unsolicited e-mails.

Rosemary

JulianWard

Those who do not want to receive private messages /mail can turn off the facility. If one leaves it on then I assume, like me, one does not mind.

jay01

This topic seems to be falling off topic and into realms I would rather it did not go. Many thanks for the replys but as there is no property or huge financial assts held in Spain it seems to be just a case if how much peace of mind you want. The question regarding his cousins being able to sort out his affairs as they would be closest kin is still a grey area.

Rosemary

To me it is totally different receiving a PM on the forum site and an e-mail in my private hotmail. People normally use the PM facility so I was not aware that unsolicited e-mails could come from forum members to my hotmail address. As soon as I became aware I made sure that this could not happen again.

Problematic PM´s on the forum can be reported to Admin whereas I presume that messages on a persons normal e-mail system does not come under any BE forum rules.

Rosemary