# Wills in Spain



## rmarchant (Jan 24, 2013)

Any idea of cost of will making and registration in Spain. I have a quote but is more than I was expecting. What happens if there is no will? would we be intestate as in UK?


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## Stravinsky (Aug 12, 2007)

rmarchant said:


> Any idea of cost of will making and registration in Spain. I have a quote but is more than I was expecting. What happens if there is no will? would we be intestate as in UK?


There are those with vested interest that will tell you all kinds of things. I can only tell you as explained to me by qualified solicitors in the UK and Spain.

Make a UK will to start with. Then, go to an abogado here in Spain and make a Spanish will. It will be drawn up in Spanish and English and taken to a notary. You will have a copy, and the original will be held in the registery

Your wills should mirror each other. Ive already been taken to task over the word "mirror", and all that means is they should reflect each other in terms of who gets what.

We paid over the odds I believe, but I dont really care because I trust what was done is correct. €400 for both of us

Ive had to assume things btw, and assume you have some UK assets, or you may leave your estate ultimately to family in the UK


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## snikpoh (Nov 19, 2007)

Stravinsky said:


> There are those with vested interest that will tell you all kinds of things. I can only tell you as explained to me by qualified solicitors in the UK and Spain.
> 
> Make a UK will to start with. Then, go to an abogado here in Spain and make a Spanish will. It will be drawn up in Spanish and English and taken to a notary. You will have a copy, and the original will be held in the registery
> 
> ...



Agreed - we certainly paid over the odds then as we paid more than you!


Just remember NOT to add such phrases as "this is the last will and testament of ..." or "this will revokes all others..."

as this negates the other will!


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## 90199 (Mar 21, 2010)

We went to the notario here in Valverde they typed the wills there and then at our dictation, all legal and signed at a cost of below 50€ for both of us. We also made wills in England.


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## baldilocks (Mar 7, 2010)

Your Spanish bilingual will need to state that as a foreign national, you are exercising your right to have your will made out according to UK law! This is important since Wills made under Spanish law have to include bequests under that law and must include bequests to certain people and in certain proportions. Under Spanish law you cannot write certain persons out of your will as you can in UK.


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## Stravinsky (Aug 12, 2007)

baldilocks said:


> Your Spanish bilingual will need to state that as a foreign national, you are exercising your right to have your will made out according to UK law! This is important since Wills made under Spanish law have to include bequests under that law and must include bequests to certain people and in certain proportions. Under Spanish law you cannot write certain persons out of your will as you can in UK.


However the agreement between the UK and Spain on wills means that the UK will as regards who gets what takes precedence, you wont be forced to leave part of it to someone you havent seen for 20 years 

So presently if you peg it and you have specified your spouse gets it ... he / she does. When you peg it, it goes to whoever you specified. The complications occur if you have not left a will

@Hepa .... your wills were notarised? That seems extremely cheap, as the notary charges a fee also


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## snikpoh (Nov 19, 2007)

Stravinsky said:


> However the agreement between the UK and Spain on wills means that the UK will as regards who gets what takes precedence, you wont be forced to leave part of it to someone you havent seen for 20 years
> 
> So presently if you peg it and you have specified your spouse gets it ... he / she does. When you peg it, it goes to whoever you specified. The complications occur if you have not left a will
> 
> @Hepa .... your wills were notarised? That seems extremely cheap, as the notary charges a fee also


.... and also a charge for the translation (which has to be by an approved translator). We were not allowed to translate our own even though my wife is multi-lingual.


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## 90199 (Mar 21, 2010)

Strav, Yes I asked one of the locals about making wills, he told me to go to the Notario, so that is what we did. The guidance we got from the Notario and his staff was excellent. Yes it was cheap, but it was also about 10 years ago. We have a copy and I believe the other copies are sent to Madrid.


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