Writing English Will in Spain

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gerrynag
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Writing English Will in Spain

Postby gerrynag » Sat Jun 30, 2018 10:09 am

My wife and I wish to write/have written new English wills. We already have Spanish wills, but need to get new English ones. Looking on the internet it seems that we can have this done without returning to the UK. Has anyone done this over here ? If so, how did they go about it ?

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Re: Writing English Will in Spain

Postby TorreDelAguila » Sat Jun 30, 2018 10:14 am

Secure Solutions, Nerja (Adam Rutter) will do this for you...
952 523 925
securesolutions2002@gmail.com
Located on the main road, diagonally across the bus station station roundabout, almost opposite the petrol station.
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Re: Writing English Will in Spain

Postby gerrynag » Sat Jun 30, 2018 10:29 am

I thought that they mainly dealt with Spanish Wills, etc. Have you used them for English Wills ?

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Re: Writing English Will in Spain

Postby TorreDelAguila » Sat Jun 30, 2018 12:40 pm

They have offered to draw up wills for us, both English and Spanish.
It is my understanding than you can now opt for a will to be executed under whichever law you require, both being acceptable.
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Re: Writing English Will in Spain

Postby gerrynag » Sat Jun 30, 2018 2:53 pm

Yes, thats true, mainly affects Spanish wills, that you state that you want them drawn up according to English law, as otherwise the main beneficiaries are your children rather than your spouse.
As regards the Engish Wills, do they do them themselves or just pass them onto someone else and take a cut ?

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Re: Writing English Will in Spain

Postby TorreDelAguila » Sun Jul 01, 2018 7:57 am

Unsure about that. Best to speak with Adam, always helpful.
Chris

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Re: Writing English Will in Spain

Postby Wicksey » Sun Jul 01, 2018 9:40 am

Just a note on Spanish wills, we needed to do ours again as they were way out of date. Rather than pay through the nose to a gestoria to do them, we went directly to a Notary that spoke English on Torrox Costa and paid 39€ each for ours. I seem to remember paying 200€ about 20 years ago originally and I now realise how much we were ripped off. (We also put in the note that the will should be dealt with under UK law, although it doesn't really affect us as we don't have any family to leave our assets to.)

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Re: Writing English Will in Spain

Postby gerryh » Sun Jul 01, 2018 6:41 pm

Hope this doesn't sound like a daft question but why do you need English wills in addition to the Spanish wills you already have?
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Re: Writing English Will in Spain

Postby El Cid » Sun Jul 01, 2018 9:12 pm

As I understand it, you need an English will for assets in England.

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Re: Writing English Will in Spain

Postby gerryh » Mon Jul 02, 2018 7:29 am

Our only asset in England is a joint bank account into which my wife's OAP is paid.
She declares this, as being her only source of income, on her Spanish income tax return.
So do we need English wills to bequeath the money in this account?
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Re: Writing English Will in Spain

Postby El Cid » Mon Jul 02, 2018 9:20 am

There is no legal reason why you need two wills, in fact your Spanish property can be covered by your English will but can get very complicated which is why you are usually recommended to have separate wills. A Spanish will can cover your UK assets and is probably easier than having an English will covering your Spanish assets.

There is an interesting article about it here.

https://www.familylaw.co.uk/news_and_co ... znektj-jUI

If it's only a bank account with a small balance I doubt it would be worth the effort of having an Englsih will, but you would need to make sure that your Spanish will did not exclude foreign assets (which it usually does).

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Re: Writing English Will in Spain

Postby gerrynag » Mon Jul 02, 2018 10:27 am

El Cid wrote:As I understand it, you need an English will for assets in England.

Sid


If you have got property or other assets in the UK and Spain then the normal legal advice is that it makes things much simpler if you have both Spanish and English wills. If you do have a Spanish will it should be stated within it that you wish english law to apply to it, otherwise the spanish inheritance law will apply, meaning that your assets will go to your children and not your wife.

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Re: Writing English Will in Spain

Postby Superplonk » Mon Jul 02, 2018 10:30 am

I am assuming that everything could change after March. New laws could affect whose wills get recognised where. Depending on your health, you might want to hold off paying for legal advice until our leaders have implemented the will (geddit?) of the people.

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Re: Writing English Will in Spain

Postby El Cid » Mon Jul 02, 2018 10:42 am

It has nothing to do with Brexit. The UK did not join in with the new laws about you choice of country being in your will so that part has nothing to do with Brexit.

As for the Spanish wills, they are bound by EU law so that also will not be affected by Brexit because it applies to all foreigners, not just EU foreigners.

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Re: Writing English Will in Spain

Postby Flashman » Mon Jul 02, 2018 1:03 pm

"If you do have a Spanish will it should be stated within it that you wish english law to apply to it, otherwise the spanish inheritance law will apply, meaning that your assets will go to your children and not your wife"
am I missing something here? isn't the idea of the will so that you can say who inherits what

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Re: Writing English Will in Spain

Postby Wicksey » Mon Jul 02, 2018 1:32 pm

It was the law in France when we lived there that assets would go to the children and that you could not disinherit them.
( ..... a French will (or will made in any other country over assets based in France) cannot override French inheritance laws, which grants entrenched rights of inheritance to your children, although since 2015 it is possible under European law to adopt the inheritance laws of your home country.) It seems that the EU law of 2015 means that you can now over-ride the local inheritance laws which is why it's important to state that on your own will. Thankfully we only have the cats' home to leave our money to which makes it simpler :lol:

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Re: Writing English Will in Spain

Postby Devils Advocate » Mon Jul 02, 2018 4:01 pm

So can you just state on a UK will that it's to override the Spanish systems take on things. Or do you need to make a Spanish will as well.
Property owner in Andalucia since 2002. How time flies.

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Re: Writing English Will in Spain

Postby El Cid » Mon Jul 02, 2018 4:41 pm

If you state that your UK will only apply to UK property and do not have a Spanish will, you will be deemed to have died Intestate as far as any Spanish property is concerned. You could rely on the English will but that can get very complicated.

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Re: Writing English Will in Spain

Postby Devils Advocate » Mon Jul 02, 2018 4:53 pm

Can SWMBO just change it then (UK will) to include the Spanish property as well Sid?
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Re: Writing English Will in Spain

Postby gerrynag » Mon Jul 02, 2018 5:01 pm

Lets face it none of us are lawyers, (even Sid). But, the legal advice I received from my Spanish lawyer was that you need a Spanish will for your Spanish assets and a British will for your british assets. If you are not sure then you should also seek legal advice, but think you will get same advice.


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