# Will - a question



## extranjero (Nov 16, 2012)

We are going to sort out new wills tomorrow, the content is the same as before.
Apart from the specific clause about wishing for one's Nationality to be applied,
That the will applies to assets in Spain
That it replaces the previous Spanish will
That there is a Will in the UK for our assets in the U K
Is there anything else I should make sure is included?
I managed to get a better price for the solicitor's services, but think it is still too much for regurgitating the first will plus a few additions.


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## 90199 (Mar 21, 2010)

We used our local Notary, the charges were very reasonable.


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## baldilocks (Mar 7, 2010)

extranjero said:


> We are going to sort out new wills tomorrow, the content is the same as before.
> Apart from the specific clause about wishing for one's Nationality to be applied,
> That the will applies to assets in Spain
> That it replaces the previous Spanish will
> ...


The will needs to be done by a Notary (you can use the help of an abogado if you wish). You need to state in the will that you are making the will under the Spanish Civil Code Article 9.8 In July/August (can't remember which) the European Succession Regulation 650/2012 comes into effect and wills will have to be made under Article 22 to be able to take advantage of the freedom of the law applicable in England and Wales to leave your worldly goods to your own choice of legatee.

Note that if you were born in Scotland, you have to leave to reserved heirs.


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## larryzx (Jul 2, 2014)

Unless one needs a complicate Will, then a lawyer is not required, as Badilocks says.

The notary will draw up the Will as you require and will advise too.

In my case the Will I made some years ago showed that UK law would apply, so I did not need to make a new one, however, I did because I changing the beneficiaries. 

Mine was cheaper as I did not require the English translation version.


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## Lynn R (Feb 21, 2014)

larryzx said:


> Unless one needs a complicate Will, then a lawyer is not required, as Badilocks says.
> 
> The notary will draw up the Will as you require and will advise too.
> 
> ...


That's what I have done recently too, Larry. Had a Spanish only will drawn up by a local notary (because we got married last year which rendered our previous wills invalid) and it cost €42.

When I get around to it, I am thinking of typing out a version in English (of course that wouldn't be for official use) just so that the English-speaking beneficiaries will know what it says.


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## larryzx (Jul 2, 2014)

Lynn R said:


> That's what I have done recently too, Larry. Had a Spanish only will drawn up by a local notary (because we got married last year which rendered our previous wills invalid) and it cost €42.
> 
> When I get around to it, I am thinking of typing out a version in English (of course that wouldn't be for official use) just so that the English-speaking beneficiaries will know what it says.


Lynn. If you have a scanner, and a word recognition program, you can save the Will as a document and then use say bing translator on line, which is quite good, to make a ‘more or less’ translation, which can then be corrected / improved.


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## Gazeebo (Jan 23, 2015)

baldilocks said:


> The will needs to be done by a Notary (you can use the help of an abogado if you wish). You need to state in the will that you are making the will under the Spanish Civil Code Article 9.8 In July/August (can't remember which) the European Succession Regulation 650/2012 comes into effect and wills will have to be made under Article 22 to be able to take advantage of the freedom of the law applicable in England and Wales to leave your worldly goods to your own choice of legatee.
> 
> Note that if you were born in Scotland, you have to leave to reserved heirs.


Ah - interesting

My partner and I are in the process of making a will in England before we leave for Spain. If our only assets are in Spain, i.e. property, will we have to make a new will in Spain? If we do, then would we follow Baldilocks advice, please?
:eyebrows:


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## snikpoh (Nov 19, 2007)

Gazeebo said:


> Ah - interesting
> 
> My partner and I are in the process of making a will in England before we leave for Spain. If our only assets are in Spain, i.e. property, will we have to make a new will in Spain? If we do, then would we follow Baldilocks advice, please?
> :eyebrows:


Yes, of course. 

Especially if you have a partner and not a husband or wife.


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## Justina (Jan 25, 2013)

*Reserved heirs*



baldilocks said:


> The will needs to be done by a Notary (you can use the help of an abogado if you wish). You need to state in the will that you are making the will under the Spanish Civil Code Article 9.8 In July/August (can't remember which) the European Succession Regulation 650/2012 comes into effect and wills will have to be made under Article 22 to be able to take advantage of the freedom of the law applicable in England and Wales to leave your worldly goods to your own choice of legatee.
> 
> Note that if you were born in Scotland, you have to leave to reserved heirs.


Hi Baldi,
Can you tell us more about reserved heirs and what difference would that make for a Scot who han't lived there in 40 odd years and whose money is in a London bank with the beneficiaries stated on the account?
Thank you.


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## baldilocks (Mar 7, 2010)

Justina said:


> Hi Baldi,
> Can you tell us more about reserved heirs and what difference would that make for a Scot who han't lived there in 40 odd years and whose money is in a London bank with the beneficiaries stated on the account?
> Thank you.


Take a look at the following:

Bereavement Advice Centre : What to do when someone dies

basically, whereas under the law of England and Wales, one's estate can be left to whom one wishes, this is not the case in Scotland. The widowed spouse and any off-spring have entitlements, no matter what might have been set down in the will - these are the 'reserved heirs'.


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## snikpoh (Nov 19, 2007)

baldilocks said:


> Take a look at the following:
> 
> Bereavement Advice Centre : What to do when someone dies
> 
> basically, whereas under the law of England and Wales, one's estate can be left to whom one wishes, this is not the case in Scotland. The widowed spouse and any off-spring have entitlements, no matter what might have been set down in the will - these are the 'reserved heirs'.


I wonder if this new EU ruling can be applied to Scotland as well?


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## baldilocks (Mar 7, 2010)

Not if you live there because the UK has not signed up to it.


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## extranjero (Nov 16, 2012)

baldilocks said:


> The will needs to be done by a Notary (you can use the help of an abogado if you wish). You need to state in the will that you are making the will under the Spanish Civil Code Article 9.8 In July/August (can't remember which) the European Succession Regulation 650/2012 comes into effect and wills will have to be made under Article 22 to be able to take advantage of the freedom of the law applicable in England and Wales to leave your worldly goods to your own choice of legatee.
> 
> Note that if you were born in Scotland, you have to leave to reserved heirs.


Are you saying it's not enough just to have the clause " I wish for the law of my British nationality to apply etc etc, "and actually have to state in writing about the Spanish civil code etc.
If so, I wonder how many have those very words.would the will not still be valid if it just had the specific clause which all the media tells us we must have?


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## smitty5668 (Feb 25, 2015)

extranjero said:


> Are you saying it's not enough just to have the clause " I wish for the law of my British nationality to apply etc etc, "and actually have to state in writing about the Spanish civil code etc.
> If so, I wonder how many have those very words.would the will not still be valid if it just had the specific clause which all the media tells us we must have?


just made our spanish wills. we were told by our lawyer and the notoria that you have to put in the clause that states what law applies to your assets in which country they are in, if that makes sense.


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## extranjero (Nov 16, 2012)

Yes I know that, that's why I am having the wills rewritten.
I am just asking whether you have to set out in words about the Spanish civil code etc.
I asked, whether this clause about nationality is enough without the other references he referred to actually in writing


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## baldilocks (Mar 7, 2010)

extranjero said:


> Are you saying it's not enough just to have the clause " I wish for the law of my British nationality to apply etc etc, "and actually have to state in writing about the Spanish civil code etc.
> If so, I wonder how many have those very words.would the will not still be valid if it just had the specific clause which all the media tells us we must have?


We have a new Notary in the village who does not know her law and has been blocking the execution of the will of someone who died a few months ago. She is insisting that the deceased's property must be distributed according to Spanish law and take into account the offspring before the widow unless he had property in his country of origin (i.e. could claim it as his country of domicile). We have been having a hard time convincing her that she is talking out of her fundamental orifice. Her other tack has been that she had seen somewhere in UK law that the children had to get part. There is, of course, no law of succession in England and Wales (or Ulster) but there is a law relating to intestacy which stipulates a 'pecking order' which is what is confusing her. Our own abogada knew that the right to have the will made out under the law of one's nationality existed in the Civil Code but did not know where - just quoting which rules and regs makes life so much easier.


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## smitty5668 (Feb 25, 2015)

extranjero said:


> Yes I know that, that's why I am having the wills rewritten.
> I am just asking whether you have to set out in words about the Spanish civil code etc.
> I asked, whether this clause about nationality is enough without the other references he referred to actually in writing


no reference to ather clauses in our wills, but it does quote the spanish civil code in spanish


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## extranjero (Nov 16, 2012)

Baldy - can you clarify pease?
Does the will have to have a specific written reference to the Spanish civil code and the other stuff you mentioned, apart from the all important clause about nationality?


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## baldilocks (Mar 7, 2010)

extranjero said:


> Baldy - can you clarify pease?
> Does the will have to have a specific written reference to the Spanish civil code and the other stuff you mentioned, apart from the all important clause about nationality?


This is the wording from my own will:
1. The column in English:
"II.- CLAUSES:-----------
FIRST.- He states that he wishes the disposition of his assets, rights and shares to be under the provisions of the law of his nationality as provided for under Civil Code Article 9(8) and the EU Succession Regulations, 650/2012 Article 22"

2. The column in Spanish:
"II.- CLÁUSULAS:---------
PRIMERA.- Afirma que él desea la disposición de sus bienes, derechos y acciones a ser bajo las provisiones de la ley de su nacionalidad según lo previsto en el artículo 9(8) del Código Civil y el Reglamento de Sucesión de la UE 650/2012, Articulo 22"

You DO NOT have to state the law but it can make life easier if you do - see my previous post re our ne Notary.


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## larryzx (Jul 2, 2014)

deleted by larry


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## extranjero (Nov 16, 2012)

baldilocks said:


> This is the wording from my own will:
> 1. The column in English:
> "II.- CLAUSES:-----------
> FIRST.- He states that he wishes the disposition of his assets, rights and shares to be under the provisions of the law of his nationality as provided for under Civil Code Article 9(8) and the EU Succession Regulations, 650/2012 Article 22"
> ...


Thankyou


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