British Expats

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-   Spain (https://britishexpats.com/forum/spain-75/)
-   -   Spanish Wills (https://britishexpats.com/forum/spain-75/spanish-wills-862251/)

Dizzydee Aug 22nd 2015 11:31 pm

Re: Spanish Wills
 
Thank you.

marialuciagandia Jan 24th 2016 2:48 am

Re: Spanish Wills
 
im totally lost with it now. so can someone advise for me moving from the uk to spain this year 2016. my current UK will leaves EVERYTHING to my daughter and names guardians for her if she is still under 18 and so on. I am married but I own all my assets in my name and nothing is owned by my husband as I had it all before meeting him. Do I have to do another will here in spain or does my will in the uk stand here? all must go to my daughter.......

snikpoh Jan 24th 2016 3:16 am

Re: Spanish Wills
 
You really ought to do a Spanish will for any assets here - make sure you add the new clause about who inherits what using UK rules.

EsuriJohn Jan 24th 2016 3:29 am

Re: Spanish Wills
 

Originally Posted by Patrick2976 (Post 11723699)
A client of mine had exactly this situation happen this year when her husband sadly died. Both Spanish residents with property here - children in the UK one of whom had been 'disinherited' . Even though the parents had amended their Spanish will, adding the wish to be treated under UK law, the Spanish local authority in Pizarra still insisted that ALL children/beneficiaries were notified and agreed to those wishes. Net result - the disinherited child became aware of the death and subsequently disagreed with the will and decided, via a UK lawyer, to contest it so that she be included.

What do the local authority "Pizarra" have to do with proving a will in Spain? If the clause was properly included what was the outcome since the Spanish will should be read under English or Scotish law and the disinherited daughter should not have had a claim?

Bigmomma1 Jan 26th 2016 12:14 am

Re: Spanish Wills
 
We made our Spanish Wills at the time we purchased our property here in Spain, 9 months ago. The wills are in accordance with UK Inheritance Rules and it was our Spanish Solicitor who explained everything to us, listened to what our requirements were in respect of inheritance and advised us to make them in line with the UK Inheritance and not Spanish rules.

marialuciagandia Jan 26th 2016 1:55 am

Re: Spanish Wills
 
Thankyou for advise will make one once i buy here. Thanks

EsuriJohn Jan 26th 2016 3:02 am

Re: Spanish Wills
 

Originally Posted by Bigmomma1 (Post 11848673)
We made our Spanish Wills at the time we purchased our property here in Spain, 9 months ago. The wills are in accordance with UK Inheritance Rules and it was our Spanish Solicitor who explained everything to us, listened to what our requirements were in respect of inheritance and advised us to make them in line with the UK Inheritance and not Spanish rules.

That's sounds good but did he include the paragraphs quoted by Fred above, if not then they are still able to be successfully challenged in Spanish courts! It's worth noting that it is the Notario who writes the will and files it in the central register in Madrid keeping the top copy on the system in his office. The solicitor is just an overhead on the Notarios cost and charges dearly for that.

Bigmomma1 Jan 26th 2016 5:08 am

Re: Spanish Wills
 

Originally Posted by EsuriJohn (Post 11848865)
That's sounds good but did he include the paragraphs quoted by Fred above, if not then they are still able to be successfully challenged in Spanish courts! It's worth noting that it is the Notario who writes the will and files it in the central register in Madrid keeping the top copy on the system in his office. The solicitor is just an overhead on the Notarios cost and charges dearly for that.

Yes, of course it was the Notary that sat with us and explained everything before we signed the wills in his presence and he countersigned them. The point about the Solicitor was that it was he that gave us the correct advice and guidance, he made the note of our 'specific' requirements and he drafted the Wills unlike the scenario in the earlier post where the Solicitor gave wrong information.

EsuriJohn Jan 26th 2016 6:01 am

Re: Spanish Wills
 

Originally Posted by Bigmomma1 (Post 11848995)
Yes, of course it was the Notary that sat with us and explained everything before we signed the wills in his presence and he countersigned them. The point about the Solicitor was that it was he that gave us the correct advice and guidance, he made the note of our 'specific' requirements and he drafted the Wills unlike the scenario in the earlier post where the Solicitor gave wrong information.

BUT does it include the phrases Fred quoted above?

Bigmomma1 Jan 26th 2016 6:12 am

Re: Spanish Wills
 

Originally Posted by EsuriJohn (Post 11849068)
BUT does it include the phrases Fred quoted above?

Well right now I do not have my Wills to hand. However, I am quite happy that my Excellent legal representatives and Notary have ensured that my requirements have been met without having to cross-refer that the content meets the guidance of a member of a Forum. Whilst my response/reply is not intended to insult or undermine the advice and guidance provided on this, or similar type public information services, I have every faith in my proper legally qualified and very professional Solicitor, who, to date, has assisted me in many different aspects of my move to Spain, above and beyond the property purchase or making of Wills.

EsuriJohn Jan 26th 2016 6:52 am

Re: Spanish Wills
 

Originally Posted by Bigmomma1 (Post 11849085)
Well right now I do not have my Wills to hand. However, I am quite happy that my Excellent legal representatives and Notary have ensured that my requirements have been met without having to cross-refer that the content meets the guidance of a member of a Forum. Whilst my response/reply is not intended to insult or undermine the advice and guidance provided on this, or similar type public information services, I have every faith in my proper legally qualified and very professional Solicitor, who, to date, has assisted me in many different aspects of my move to Spain, above and beyond the property purchase or making of Wills.

Throughout Spain there is a great deal of confusion about the new EU requirement as a careful reading of all of this thread and other threads and the Citezens Advice Bureau Spain advice. I always believe in belt and braces and would trust Freds advice above any Spanish solicitor. It is very easy when you have it to hand to read the first paragraph to see if it is anything like the one quoted or better still give your brilliant brief a ring and ask him did he include the clause now required.

Ex-pat Jan 26th 2016 7:35 am

Re: Spanish Wills
 

Originally Posted by Mitzyboy (Post 11724338)
In the UK you have an executor that you nominate who does such things in conjunction with your solicitor ... normally a close friend or relative. I'm not sure if the same option exists in Spain, but I guess the gestor in that case would just become your paid executor, and you just have to trust him to do it If you are in the CB North I have a good Solicitor who can advise, in Gandia

Hi Mitzyboy, would that be in the same office as the man that used to do your tax return? I am looking for a good solicitor. Thanks

Bigmomma1 Jan 26th 2016 9:44 am

Re: Spanish Wills
 

Originally Posted by EsuriJohn (Post 11849127)
Throughout Spain there is a great deal of confusion about the new EU requirement as a careful reading of all of this thread and other threads and the Citezens Advice Bureau Spain advice. I always believe in belt and braces and would trust Freds advice above any Spanish solicitor. It is very easy when you have it to hand to read the first paragraph to see if it is anything like the one quoted or better still give your brilliant brief a ring and ask him did he include the clause now required.

I agree that there is a great deal of confusion and not just about the Spanish Will issues. Before actually making the decision to purchase a property I did a lot of research on the Internet and read lots of information. Had I have taken notice of some of the 'advice' provided by some of the 'Ex-Pat' community then I would not be living in Spain now. That is not to say that 'Fred's' advice is not correct, which I am sure it is, however, when I presented some of my concerns to my 'Excellent' and very professional Solicitor, he explained how some of the information had not been correctly translated and therefore incorrectly misinterpreted. Now, call me old fashioned, but, whilst I will read opinion, advice, guidance I prefer to employ the services of a legally qualified person. It would appear from some comments that others have employed les than savoury Solicitors, I would suggest that perhaps a bit more research into who they choose to represent them would have been a good idea. My firm of Solicitors came very highly recommended, I met with them and discussed my requirements, their fees etc. before committing to use them and they have proven to be very professional, very friendly and I would strongly recommend them. This thread has been useful in highlighting a 'potential' issue and of course, for my own peace of mind, I will of course check my Will. Thank you for your comments.

Mitzyboy Jan 26th 2016 11:39 am

Re: Spanish Wills
 

Originally Posted by Ex-pat (Post 11849160)
Hi Mitzyboy, would that be in the same office as the man that used to do your tax return? I am looking for a good solicitor. Thanks

I had a gestor and a solicitor in Gandia.

The gestor looked after my tax returns. The solicitor handled my house purchase and eventual sale as well as our wills. English speaking, very trustworthy and does an excellent job

Carolina Just Miro
HOME - Gandia Lawyers - Carolina Just Miró


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