# Last Will and ......



## Megsmum (Sep 9, 2012)

We are going to our lawyers next week to sort out our wills.

We have an information sheet to fill out, but I have one question - I've emailed our lawyer but - 

Am I right or wrong saying that our children have to state they will not take their thirds of our goods if one of us die, or is this an expat myth ?


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## snikpoh (Nov 19, 2007)

Megsmum said:


> We are going to our lawyers next week to sort out our wills.
> 
> We have an information sheet to fill out, but I have one question - I've emailed our lawyer but -
> 
> Am I right or wrong saying that our children have to state they will not take their thirds of our goods if one of us die, or is this an expat myth ?


IMHO - what you should do is to add the 'Brussels clause' stating that you wish your will to be executed under the laws of your country of birth. In that way, you get to decide who has what.

Something like;



> The bequeather states that he wishes the disposition of
> their assets, rights and shares to be under the provisions of the law of
> the bequeathers nationality as provided for under Civil Code
> Article 9(8) and the EU Succession Regulations,
> 650/2012 Article 22.


or


> La testadora manifiesta que esta disposición que
> ahora otorga, es posible con arreglo a su Ley personal
> y no prejuzga ni impide cualquier otra que pudiera tener
> otorgada en su país de origen o en otro distinto del de
> ...



(please forgive my Spanish)


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## Blanco53 (Mar 6, 2017)

Indeed I have a similar clause(s) written into our wills.

However, this clause partly comes under EU Succession Regulations. Will our impending departure from the EU render this clause ineffective?


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## Megsmum (Sep 9, 2012)

Can I ask, why you prefer the will re UK way rather than Spanish way?


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## davexf (Jan 26, 2009)

Megsmum said:


> Can I ask, why you prefer the will re UK way rather than Spanish way?


Hola 

The UK way allows you to donate whatever to whomsoever you want - the Spanish way doesn't 

Davexf


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## Megsmum (Sep 9, 2012)

davexf said:


> Hola
> 
> The UK way allows you to donate whatever to whomsoever you want - the Spanish way doesn't
> 
> Davexf


Ok thanks 

Basically we want to leave it all divided between our two children, so I would have thought that's the norm here in Spain?


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## snikpoh (Nov 19, 2007)

Megsmum said:


> Ok thanks
> 
> Basically we want to leave it all divided between our two children, so I would have thought that's the norm here in Spain?


Yep, that's correct. ... and that's why we haven't added the clause to our wills.


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## Megsmum (Sep 9, 2012)

snikpoh said:


> Yep, that's correct. ... and that's why we haven't added the clause to our wills.


Thanks Snikpoh..... I'm sure dying in Spain and leaving a Spanish will be easier on those left behind


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## Pesky Wesky (May 10, 2009)

Loads of info about wills and inheritance here.
Testamentos y herencias - notariado

An extract


> *What happens if no will is made*
> The first problem that arises if a person dies without having made a will is what happens to the inheritance. Contrary to what some people believe, *the inheritance is not lost, nor is it acquired entirely by the State.* What happens in such cases is that as the deceased has not established who the heirs are, then they will be appointed by law, in accordance with our order of family relationship.
> As in the case of wills, we will explain here the Spanish National Law principles, leaving to individual notaries themselves any further information about the Devolved Regional Laws, given their complexity and the differences that exist among the Autonomous Regions.
> 
> ...


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## Megsmum (Sep 9, 2012)

Pesky Wesky said:


> Loads of info about wills and inheritance here.
> Testamentos y herencias - notariado
> 
> An extract


That's fab... thanks 

This us us


> The most common will: “From one to the other, and then to the children”
> 
> The most common will: “From one to the other, and then to the children”
> This will offers the certainty that while either of the spouses is alive, he or she will be entitled to live in the home and use the assets, and when both are no longer living, the property will be passed on to the children in equal shares, even if the widow or widower has remarried, since they will not be the owner, but a usufructuary. The system is colloquially known as 'from one to the other, and when both die, to the children'. And the fact is that this expression perfectly corresponds to the content of such a will. It is so simple, that it is no surprise that it is the model most commonly used by married couples drawing up a notarial will. Each of the spouses must draw up this will separately: they are individual documents.
> ...



Can I suggest that link goes into a sticky.....?:clap2:


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## Lynn R (Feb 21, 2014)

Megsmum said:


> That's fab... thanks
> 
> This us us
> 
> ...


I think it's the part that says the widow or widower cannot sell anything which belonged to the deceased without the consent of all the children which would put a lot of people off using this type of Will. Surely it would make it more difficult if the bereaved spouse decided they'd like to downsize the property they live in, or move to a different area, for example?


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## xabiaxica (Jun 23, 2009)

Megsmum said:


> That's fab... thanks
> 
> This us us
> 
> ...


done  Added to the FAQ thread


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## davexf (Jan 26, 2009)

Lynn R said:


> I think it's the part that says the widow or widower cannot sell anything which belonged to the deceased without the consent of all the children which would put a lot of people off using this type of Will. Surely it would make it more difficult if the bereaved spouse decided they'd like to downsize the property they live in, or move to a different area, for example?


Hola 

Yes I totally agree; the surviving person does not have the freedom to use the assets however they wish perhaps using everything to enjoy the rest of their lives and leaving virtually nothing to the kids. 

A "normal" British will leaves everything to the surviving partner; if divorced people remarry I can see that some protection for all children of previous marriages would have to be made. That is why you need a solicitor to draw up a proper will. 

Davexf


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## baldilocks (Mar 7, 2010)

Blanco53 said:


> Indeed I have a similar clause(s) written into our wills.
> 
> However, this clause partly comes under EU Succession Regulations. Will our impending departure from the EU render this clause ineffective?


Not in respect of assets domiciled in Spain because the will will be applied in Spain and therefore still under the EU Succession Regulations.


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