# Tracing a spanish will



## boxergirl (Nov 27, 2010)

My father has recently died and was the owner of an apartment in Spain. We are sure he must have drawn up a will but have no idea how to go about finding it. Would it be be a matter of engaging a Spanish lawyer who would manage to locate it?


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## Stravinsky (Aug 12, 2007)

boxergirl said:


> My father has recently died and was the owner of an apartment in Spain. We are sure he must have drawn up a will but have no idea how to go about finding it. Would it be be a matter of engaging a Spanish lawyer who would manage to locate it?


Wills, when properly notarized are held at central registry. Therefore with the necessary details a Spanish Lawyer will be able to trace it


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## Pesky Wesky (May 10, 2009)

On the other hand the rules are pretty straight foward with wills in Spain. You are obliged to leave one third of your assets to the children equally, a second third has to be left to the children but you can decide what percentage each get and only the last third is available to you to leave to who you want.


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## Stravinsky (Aug 12, 2007)

Pesky Wesky said:


> On the other hand the rules are pretty straight foward with wills in Spain. You are obliged to leave one third of your assets to the children equally, a second third has to be left to the children but you can decide what percentage each get and only the last third is available to you to leave to who you want.


Unless there's a UK will ... then who you leave what to is overridden by that one


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## baldilocks (Mar 7, 2010)

Stravinsky said:


> Unless there's a UK will ... then who you leave what to is overridden by that one


But only if the Spanish will says that you elect to have your Spanish will made as if you were in your home country.


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## Stravinsky (Aug 12, 2007)

baldilocks said:


> But only if the Spanish will says that you elect to have your Spanish will made as if you were in your home country.


I think weve had this discussion before 
Two solicitors have told me the same thing, one in Spain, one in the UK

If you have your Spanish and UK wills drawn up the same, and the Spanish one is notarized then in the event of death the UK will will take precedence as regards who gets what.
I have to admit though it does get confusing because in some cases the different countries laws even contradict themselves 

Spanish Inheritance Tax. Spanish Wills, Probate and Intestacy | Spanish Solicitors Spanish Lawyers

_Thus, Will be the UK or the Spanish Law the law in application for my inheritance?:


GENERAL RULE: Spanish law helps to avoid any problems in the majority of cases by providing in Article 9 of the Spanish Civil Code that, when a foreign property owner dies, having made a will in either in Spain or in his country of nationality, the disposal of any assets he owns in Spain will be governed by his own national law (in this case the UK one), not Spanish law. If his own law permits free disposal of the assets, this frees him from the Spanish inheritance law [but not from Spanish inheritance tax]. _


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## baldilocks (Mar 7, 2010)

Stravinsky said:


> I think weve had this discussion before
> Two solicitors have told me the same thing, one in Spain, one in the UK
> 
> If you have your Spanish and UK wills drawn up the same, and the Spanish one is notarized then in the event of death the UK will will take precedence as regards who gets what.
> ...


The whole problem is complicated by the fact that each country's law says that it is the other country's law that applies (Spanish law says that it is UK law that applies and UK law says that it is Spanish law that applies). So the safest way is to have a Spanish will (preferably on the two column format one showing Spanidh the other a translation in English) stating that you are exercising your right to have your bequest treated as under English (or Scottish or wherever) law. This is perfectly acceptable under Spanish law and the will will be notarised and lodged in the Central Registry. If you have assets in any other country, you should make a will in that country's jurisdiction to cover those assets. It is preferable if the two will mirror each other with regard to any property that could be covered by both countries.


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## CapnBilly (Jun 7, 2011)

baldilocks said:


> The whole problem is complicated by the fact that each country's law says that it is the other country's law that applies (Spanish law says that it is UK law that applies and UK law says that it is Spanish law that applies). So the safest way is to have a Spanish will (preferably on the two column format one showing Spanidh the other a translation in English) stating that you are exercising your right to have your bequest treated as under English (or Scottish or wherever) law. This is perfectly acceptable under Spanish law and the will will be notarised and lodged in the Central Registry. If you have assets in any other country, you should make a will in that country's jurisdiction to cover those assets. It is preferable if the two will mirror each other with regard to any property that could be covered by both countries.


I agree.. My English will says it only deals with my assets in the UK, and my spanish (two columns) will says it only covers the assets in Spain, and i want them treated under english law. in addition it says that the English will is not revoked because of the Spanish will. My spanish will was notarised in the UK, and the the notary also witnessed my English will at the same time. They are more or less mirrored in terms of assets


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## Madliz (Feb 4, 2011)

You will need a _Certificado de Actos de Última Voluntad._ This will certify which (if any was made in Spain) will was the last one made and before which notary. It is an important document without which you cannot proceed further.

Have a look here for further information:
Last Will and Testament Certificate - Personal formalities and procedures - Ministry of Justice


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## CapnBilly (Jun 7, 2011)

Madliz said:


> You will need a Certificado de Actos de Última Voluntad. This will certify which (if any was made in Spain) will was the last one made and before which notary. It is an important document without which you cannot proceed further.
> 
> Have a look here for further information:
> Last Will and Testament Certificate - Personal formalities and procedures - Ministry of Justice


As I understand the link you have posted, you cannot apply for this certificate until 15 days after death


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## boxergirl (Nov 27, 2010)

It turns out that my sister is the only beneficiary of the property on Spain, my mother and siblings get nothing. The apartment was my fathers only asset in Spain, he was British resident and died in the uk. I wonder therefore if the will is valid.


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## CapnBilly (Jun 7, 2011)

boxergirl said:


> It turns out that my sister is the only beneficiary of the property on Spain, my mother and siblings get nothing. The apartment was my fathers only asset in Spain, he was British resident and died in the uk. I wonder therefore if the will is valid.


Depends whether he left a UK will, and how and when it was drawn up. I have a UK will and a Spanish will, and my spanish will clearly states that it relates to my spanish assets, and my UK will states only UK assets and does not invalid my spanish will. I signed both at the same time at the same notary. You really need legal advice.


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## boxergirl (Nov 27, 2010)

We are going to take legal advice. My thought was, is if legally possible to disinherit you wife and children in Spain? My mother thought she would inherit the flat, quite rightly so, then be able to decide who gets what. She is shocked that she has no say in her husbands estate.


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## Madliz (Feb 4, 2011)

boxergirl said:


> We are going to take legal advice. My thought was, is if legally possible to disinherit you wife and children in Spain? My mother thought she would inherit the flat, quite rightly so, then be able to decide who gets what. She is shocked that she has no say in her husbands estate.


This explains things pretty well:

http://http://www.spanishsolicitors.com/services/spanish-inheritance-tax-wills-probate-intestacy/

As far as I am aware, one cannot disinherit one's legitimate heirs in Spain.

I am a widow and according to the joint wills we drew up here, I have _usufructo_ of the whole estate and whatever it 'produces' (including bills!) for life and it is then passed on to our children.


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## baldilocks (Mar 7, 2010)

Madliz said:


> As far as I am aware, one cannot disinherit one's legitimate heirs in Spain.


It depends on where you are from. If you are Spanish then you can't. BUT if you are of another nationality, you can make out a will applying your right to have your will made out under the laws of your country of origin. Under UK law you can decide who gets what or nothing so a Brit can have a will made in Spain under UK laws of testacy. Normally you will do this in a two-column will with a vaerion in English in one column and in Spanish in the other.


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