Wills and the new law

Information and questions about the Law in Spain and Andalucia.
jukim
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Wills and the new law

Postby jukim » Mon Jul 06, 2015 11:02 am

With this new legislation requiring wills to state which country's laws you want it to be bound by, does anyone know if this is something that can be done simply by adding a codicil or something similar? Also, any idea of the cost involved? Thanks.

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Re: Wills and the new law

Postby El Cid » Mon Jul 06, 2015 3:49 pm

No, in Spain you cannot write a codicil, you need a new will. I am going to do this soon and I will go directly to the notary with the old wills and ask them to add the relevant clause. It should be a lot cheaper than using a lawyer who will probably charge you the same as a new will.

I will take them the "Beachcomber Clause" - see here http://www.andalucia.com/forums/viewtopic.php?f=41&t=30855&p=294585


Sid

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Re: Wills and the new law

Postby jukim » Tue Jul 07, 2015 5:25 pm

Thanks Sid. I'll be very interested to know how you got on and how much it cost if you don't mind. Thanks.

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Re: Wills and the new law

Postby gina59 » Wed Jul 08, 2015 10:34 am

Hi, just had two new wills done(this morning in fact} to include the new clause to follow english succession. Cost not including the notary, which we will pay when we pick up the wills next week was 610 euros, I believe the notary costs will be around 50 euros for each will. And yes we had to have the wills redone.
My spelling is Wobbly. It's good spelling but it Wobbles, and the letters get in the wrong places.

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Re: Wills and the new law

Postby gerryh » Wed Jul 08, 2015 11:15 am

gina59 wrote:Cost not including the notary, which we will pay when we pick up the wills next week was 610 euros,

I hope that 610 was a typing error?
If not, I would suggest you have been seriously ripped off. :thumbdown:
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Re: Wills and the new law

Postby jukim » Wed Jul 08, 2015 11:19 am

I thought that...

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Re: Wills and the new law

Postby Beachcomber » Wed Jul 08, 2015 11:23 am

Take your old wills directly to the notary and explain what you want. You may need to use a translator when you grant the wills.

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Re: Wills and the new law

Postby scotty » Wed Jul 08, 2015 3:20 pm

How does the new law affect a will made six years ago ?

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Re: Wills and the new law

Postby jukim » Wed Jul 08, 2015 3:34 pm

You need to make a whole new one :-/

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Re: Wills and the new law

Postby gina59 » Wed Jul 08, 2015 3:45 pm

Well thats the story of my life. :sick:
My spelling is Wobbly. It's good spelling but it Wobbles, and the letters get in the wrong places.

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Re: Wills and the new law

Postby Beachcomber » Wed Jul 08, 2015 4:24 pm

Only if it doesn't include the relevant clause already.

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Re: Wills and the new law

Postby jukim » Wed Jul 08, 2015 4:40 pm

I doubt very much if it did six years ago… that's when mine was made :(

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Re: Wills and the new law

Postby Mowser » Wed Jul 08, 2015 5:38 pm

I don't even have a will. Neither here nor the UK.
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gerryh
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Re: Wills and the new law

Postby gerryh » Wed Jul 08, 2015 6:34 pm

We made our Spanish wills about 8 years ago and they contain this clause:-
"Conforme a su legislacion britanica instituye heredero universal de todos sus bienes, derechos y acciones a su nombrada esposo, sustituyendole, en caso de fallecimiento por sus dos nombrados hijos a partes iguales."
This was suggested by the Notary and I think, hope, as my Spanish is not very good, that this clause covers what is needed to comply with the new law.
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gerryh
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Re: Wills and the new law

Postby gerryh » Thu Jul 09, 2015 12:29 pm

Any comments on the above?
Need to know if we need to make new wills.
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chrissiehope
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Re: Wills and the new law

Postby chrissiehope » Thu Jul 09, 2015 1:28 pm

Mowser - you really should make a will - if you don't, then the government will take a large chunk of your estate :thumbdown: . It needn't cost a lot - many charities will do one for a small fee &/or a donation in the will. Don't go down the DIY route tho' - my hubby did, and we're still trying to sort everything out nearly 18 months later...... :roll:
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Re: Wills and the new law

Postby Mowser » Thu Jul 09, 2015 3:54 pm

chrissiehope
I'll get round to it.
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Re: Wills and the new law

Postby wollie » Thu Jul 09, 2015 4:03 pm

Hi,

Like Mowser I have not made a will and intend to do it in the next year or so, it is my intention to do all this when I get to retirement and hopefully I will get there.
My question is can a person make a will for the property in Spain leaving to whoever say under say Spanish rules.
Then make a separate will for property in UK and using the rules that may apply there.
I am not a Spanish resident and at the moment it seems unlikely that I will ever become a Spanish resident.
I am also interested of charity doing the will as I would be happy to go this route, I also know the area of Antaquera where is where this suggestion.

many thanks

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Re: Wills and the new law

Postby El Cid » Thu Jul 09, 2015 4:53 pm

If you have property in Spain then unless you make a will specifically stating that you want UK law to apply, then the Spanish law will apply and under that law you cannot leave it to anyone you choose. It must be left according to Spanish succession law which give most of it to the children and very little to your spouse.

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chrissiehope
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Re: Wills and the new law

Postby chrissiehope » Thu Jul 09, 2015 10:25 pm

Also, don't make the mistake we made of putting the phrase "I hereby revoke all other wills..." on either of them (Spain & UK) as you then only end up with the one with that phrase as it has effectively cancelled the other one !
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