Spanish Wills

We find it concerning that many people do not make Spanish Wills to cover their assets in Spain. This can give rise to a problem when a British or Irish person is domiciled in Spain, however they do not have either a Will in Spain or in their own country.

Proving the Heirs

In this case, they need to apply for a letters of administration when someone dies. This is to prove who the legal heirs are. When this happens the Probate Department in the UK authorise the executor/s to USE THE LAW APPLICABLE TO THE INHERITANCE for the probate. That is when a problem may arise, as the executor cannot choose which law to apply. They can only follow the law. If a person was domiciled in Spain, the law applicable to their estate is Spanish Law.

This can result in the inheritors being different from what the deceased and family intended. Perhaps, for example, children of the deceased rather than the husband or wife. Which is sometimes difficult in a situation when they are step children of the surviving partner. Spanish Wills are important.

Important Regarding Spanish Wills

If you have made a Will in UK, Ireland or Spain, after 2015, you can decide the law applicable and appoint your inheritors according to your national law. But generally only if there is a special provision in the Will. Therefore great care should be taken to write a Spanish Will and ensure it includes this special provision.

Spanish Wills Process

Spanish Wills are individual and cannot be joint. They and are usually in double columns of Spanish and English. They should be made in person at a Notary. Wills should never be made with a power of attorney. The process is very simple and involves:

• You tell us your wishes and personal details for the Will, usually in a meeting, when we can explain everything and answer questions.

• Payment is prior to us booking the notary appointment or the day of the appointment

• We meet at our office, with  original passports, to go to Notary and we run through everything again with you as a final check before heading there.

• You receive a copy of the document signed there and then and one goes to the Central Registry of Wills to be registered there.

Please contact us if you would like to discuss or make a Spanish Will.