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Wills for Ex-Pats in Spain

Wills for Ex-Pats in Spain

Old Jul 6th 2011, 12:48 am
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Default Wills for Ex-Pats in Spain

If we move to Spain as pensioners I understand we would need to make Spanish Wills. How do we stand about existing Wills that we have in England?
If one of us dies what happens?
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Old Jul 6th 2011, 2:39 am
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Default Re: Wills for Ex-Pats in Spain

Either have a will for the assets in each country which makes reference to the other will, which to my eyes is the easiest option, or have one will and hope that the person who draws it up knows all the rules for each country.
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Old Jul 6th 2011, 2:45 am
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Default Re: Wills for Ex-Pats in Spain

Originally Posted by antequera
If we move to Spain as pensioners I understand we would need to make Spanish Wills. How do we stand about existing Wills that we have in England?
If one of us dies what happens?
If you are married then your spanish wills should mirror the UK wills, and the UK wills will take precedence over the Spanish. IHT varies in Spain, depending on the region. In many cases the survivor wont need to pay any.
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Old Jul 6th 2011, 2:54 am
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Default Re: Wills for Ex-Pats in Spain

Thanks Bil -
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Old Jul 6th 2011, 3:06 am
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Default Re: Wills for Ex-Pats in Spain

Originally Posted by Mitzyboy
If you are married then your spanish wills should mirror the UK wills, and the UK wills will take precedence over the Spanish. IHT varies in Spain, depending on the region. In many cases the survivor wont need to pay any.
Thank you Mitzyboy - That's what is worrying us if one dies. We are hoping to move to the Antequera area - would you know how we could find out about there?
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Old Jul 6th 2011, 4:06 am
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Default Re: Wills for Ex-Pats in Spain

ISTR James Goldsmith - Gemima Kahn's father - is rumoured to have died when travelling by car from Spain to France. His physician said he died after they crossed the border into France..........
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Old Jul 6th 2011, 5:11 am
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Smile Re: Wills for Ex-Pats in Spain

Originally Posted by antequera
Thank you Mitzyboy - That's what is worrying us if one dies. We are hoping to move to the Antequera area - would you know how we could find out about there?
It does not depend on which town but does depend on the Autonomous Community. If you are in Andalucia then the rules are quite generous providing you have been a tax resident in Spain for at least 3 years before the first event. Not absolutely clear on all the fine points but 5 yrs tax residency is even better.

If you move lock stock and furniture to Spain then you should have a Spanish will drawn up before a Notary and registered in Madrid. This will should start with the words that it either covers your worldwide assets or ONLY YOU ASSETS IN SPAIN if you have assets in UK and you have a separate will that covers your assets in UK and says that in the first sentence so that their is no doubt. As Mitzy says best if the two jurisdictions mirror each other however we took advantage of the ability to grant a USUFRUCT to each other in Spain which you cannot do in England so to that extent ours are different.
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Old Jul 6th 2011, 7:27 am
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Default Re: Wills for Ex-Pats in Spain

Originally Posted by John & Kath
It does not depend on which town but does depend on the Autonomous Community. If you are in Andalucia then the rules are quite generous providing you have been a tax resident in Spain for at least 3 years before the first event. Not absolutely clear on all the fine points but 5 yrs tax residency is even better.
If you want to get the special deals that residents get then you have to have been resident (and submitting Spanish tax returns) for 3 years.

If you want to get the benefits of being regionally tax resident such as in Andalucia then you need to have been resident in that region for 5 years.
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Old Jul 6th 2011, 8:32 am
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Default Re: Wills for Ex-Pats in Spain

Dont know if this is relevant or not, but the notary office in Manilva have prewritten wills in spnish & english. You simply fill them in and give it to the notary, theres no need for a lawyer. You have to pay, but its much cheaper than a lawyer would cost you. I suppose its much the same in other towns. No harm in asking at your local notary i suppose!....hope this is helpful!
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Old Jul 6th 2011, 9:30 am
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Default Re: Wills for Ex-Pats in Spain

Originally Posted by Mitzyboy
If you are married then your spanish wills should mirror the UK wills, and the UK wills will take precedence over the Spanish. IHT varies in Spain, depending on the region. In many cases the survivor wont need to pay any.


Surely the will that takes precedence is the last will, and not dependent on the counrty, I would have thought that the date is more relevant.
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Old Jul 6th 2011, 9:38 am
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Default Re: Wills for Ex-Pats in Spain

No, it depends on the wording of the wills.
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Old Jul 6th 2011, 9:41 am
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Default Re: Wills for Ex-Pats in Spain

Originally Posted by Fred James
No, it depends on the wording of the wills.
And how does that work out, because a will can be changed or amended at anytime?
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Old Jul 6th 2011, 9:52 am
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Smile Re: Wills for Ex-Pats in Spain

Originally Posted by Mitzyboy
If you are married then your spanish wills should mirror the UK wills, and the UK wills will take precedence over the Spanish. IHT varies in Spain, depending on the region. In many cases the survivor wont need to pay any.
I don't think the use of the words "UK wills take precedence" is absolutely correct. It is the English jurisdiction in the form of the will that is allowed to override the normal Spanish form that Mitzy is referring to.
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Old Jul 6th 2011, 9:59 am
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Default Re: Wills for Ex-Pats in Spain

Originally Posted by John & Kath
I don't think the use of the words "UK wills take precedence" is absolutely correct. It is the English jurisdiction in the form of the will that is allowed to override the normal Spanish form that Mitzy is referring to.
Whilst on the subject of the padron, it is my understanding that the details the town hall has on the padron is confidential and protected by the Spanish equivelant of the data protection act. The madrid government do not get any info about you, but it helps the town hall apply for additional services such as police, etc. So i would also recommend getting on the padron asap.
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Old Jul 6th 2011, 10:04 am
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Default Re: Wills for Ex-Pats in Spain

Originally Posted by John & Kath
I don't think the use of the words "UK wills take precedence" is absolutely correct. It is the English jurisdiction in the form of the will that is allowed to override the normal Spanish form that Mitzy is referring to.

What we were told is that a British citizen follows the rules of UK wills, ie that you can leave your money to whoever you want to.

Whereas I have to leave "la legitma" to the children wether I want to or not.

But still the last will is the one that will be used to dispose of the assets.
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