# Wills and Testamentos



## phil carr (Jun 25, 2011)

I have just spoken to a Notario, who told me my assets will come under the jurisdiction of English law when I die, however my UK solicitor says as all of my assets are in Spain, I should have a Spanish will. Can anybody cast some light on this.


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## Maimee (Jun 23, 2011)

phil carr said:


> I have just spoken to a Notario, who told me my assets will come under the jurisdiction of English law when I die, however my UK solicitor says as all of my assets are in Spain, I should have a Spanish will. Can anybody cast some light on this.


If all of your assets are in Spain it is advisable to have a Spanish will. The big difference I think is that you are not confined to leaving yours assets in the same way that Spanish nationals are. For example you can leave all your assets to your spouse and one of your four children whereas a Spanish person is duty bound to leave everything to spouse and all of the children. Maybe this is what the notary was referring to when he said that you come under the jurisdiction of English law.

I personally would strongly advise you to take out a will in Spain as that is where your assets are.


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## JoCatalunya (Mar 16, 2011)

My bank manager advised us to take out a Spanish will, that way if something were to happen there is no mistake as to who gets what.


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## gtinlanz (May 21, 2011)

Maimee said:


> I personally would strongly advise you to take out a will in Spain as that is where your assets are.


I second that 100%. Friends had their Spanish house on an English will.And she had no-end problems sorting it out after he passed away,just at a time when you have enough on the plate.


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## 90199 (Mar 21, 2010)

We have each made two wills, both in the U.K. and here in the Canary Islands.


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## Alcalaina (Aug 6, 2010)

You can have your English will notarised in Spain, I believe, but it does slow things down when the time comes and there will be two lots of solicitors' fees to pay, one in Spain and one in the UK. Far better to get a Spanish will.


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## Beachcomber (May 10, 2009)

For a UK will to be valid in Spain it has to be officially translated which, in itself, can cost a fortune. However, it is by no means certain that in making a Spanish will you may disregard the law of forced inheritors just because you are a foreigner.

A Spanish will made out in contravention of Spanish law may be challenged in a Spanish court by any disinherited issue which is very likely to win the case. Furthermore, if your assets are wholly or substantially based in Spain the notary may (should) not allow you to dispose of your assets in a manner which does not comply with Spanish law.

If you have both a Spanish will and a UK will you should take care that there is no conflict in their respective provisions. The Spanish will should deal solely with Spanish assets and the UK will solely with UK assets.


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## JoCatalunya (Mar 16, 2011)

Beachcomber said:


> For a UK will to be valid in Spain it has to be officially translated which, in itself, can cost a fortune. However, it is by no means certain that in making a Spanish will you may disregard the law of forced inheritors just because you are a foreigner.
> 
> A Spanish will made out in contravention of Spanish law may be challenged in a Spanish court by any disinherited issue which is very likely to win the case. Furthermore, if your assets are wholly or substantially based in Spain the notary may (should) not allow you to dispose of your assets in a manner which does not comply with Spanish law.
> 
> If you have both a Spanish will and a UK will you should take care that there is no conflict in their respective provisions. The Spanish will should deal solely with Spanish assets and the UK will solely with UK assets.


So by that then, the bloke in our village who has cut off his sons (UK based) having made a will to state such in Catalunya wasted his time and money? He has left his property to a local lad, (he owns the land I think on which the house is built, but the Brit guy paid for it to be built) whilst disinheriting his natural sons. If they so chose could they contest the will? 
If so, there is gonna be one heck of a bunfight that's for sure.


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## Maimee (Jun 23, 2011)

JoCatalunya said:


> So by that then, the bloke in our village who has cut off his sons (UK based) having made a will to state such in Catalunya wasted his time and money? He has left his property to a local lad, (he owns the land I think on which the house is built, but the Brit guy paid for it to be built) whilst disinheriting his natural sons. If they so chose could they contest the will?
> If so, there is gonna be one heck of a bunfight that's for sure.


When we made our wills in Dec 2009 we were told that because we are English we do not have to abide by the same rules as a national has to. If you cut an offspring out of your will they do not have any automatic rights whereas a national has. 
Saying that they can still contest the will made in Spain the same as they can contest a will in UK. Paying for it and actually winning is another thing. 
I have been told that in Spain they are not that interested in what immigrants do with their possessions and leave it more to the laws of that persons natural country.


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## 90199 (Mar 21, 2010)

The people here transfer their assets before death, but put a clause in the transfer of the property in which they live, that the can continue to live their for the rest of their lives.


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## Alcalaina (Aug 6, 2010)

Hepa said:


> The people here transfer their assets before death, but put a clause in the transfer of the property in which they live, that the can continue to live their for the rest of their lives.


Why? Does that reduce/avoid inheritance tax?


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## 90199 (Mar 21, 2010)

Alcalaina said:


> Why? Does that reduce/avoid inheritance tax?


I'm not sure why, but I also presumed it reduces inheritance tax, however they will have to pay a property transfer tax.

They usually have a big family get together, over a weekend, and then decide who gets what.


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## Beachcomber (May 10, 2009)

This is called usufruct and there are, as ever, taxes involved. There is no way of 'transferring' property without paying taxes whether it is sold or gifted.

I reiterate that if disinherited issue of deceased foreign property owners have the wherewithal and the funds to challenge the will the law will be on their side and they are very likely to win especially if the majority of the assets of the deceased person are situated in Spain.


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## piglet2spain (May 5, 2011)

We have land in spain and are waiting to build in the meantime we live in England. We have made 2 wills. One for England and we have also made one in Spain. We were told by the Notoria that the Spanish will covers Spain only but if we had not made one regardless of having an English will our property would have been treated as if we died intestate and could take over 2 years for our family to sort out. Make one now otherwise it could turn out to be very expensive for your family. Hope this helps


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## Beachcomber (May 10, 2009)

This is just not true. A UK will can be used in Spain but it has to be translated and authenticated which, as has been said, is an expensive and time consuming exercise.

Even if you have a UK will it is certainly advisable to have a Spanish one as well but failure to do so does not mean that you will die intestate.

Are you sure you were told this by a notary rather than a lawyer?


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## piglet2spain (May 5, 2011)

Last Thursday!


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## 90199 (Mar 21, 2010)

Make one in England, make one in Spain, and just to be on the safe side make another in China


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