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Re: Spanish Wills
Thank you.
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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.......
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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.
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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.
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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.
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Re: Spanish Wills
Thankyou for advise will make one once i buy here. Thanks
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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.
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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.
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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.
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Re: Spanish Wills
Originally Posted by EsuriJohn
(Post 11849068)
BUT does it include the phrases Fred quoted above?
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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.
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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
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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.
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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
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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