Wills and the new law
Wills and the new law
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
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 viewtopic.php?f=41&t=30855&p=294585
Sid
I will take them the "Beachcomber Clause" - see here viewtopic.php?f=41&t=30855&p=294585
Sid
Re: Wills and the new law
Thanks Sid. I'll be very interested to know how you got on and how much it cost if you don't mind. Thanks.
Re: Wills and the new law
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.
Re: Wills and the new law
I hope that 610 was a typing error?gina59 wrote:Cost not including the notary, which we will pay when we pick up the wills next week was 610 euros,
If not, I would suggest you have been seriously ripped off.
Cheers
Gerry
Gerry Harris
Re: Wills and the new law
I thought that...
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Re: Wills and the new law
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.
Let's go Brandon!
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Re: Wills and the new law
How does the new law affect a will made six years ago ?
Re: Wills and the new law
You need to make a whole new one :-/
Re: Wills and the new law
Well thats the story of my life.
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
I doubt very much if it did six years ago… that's when mine was made
Re: Wills and the new law
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.
Cheers
Gerry
"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.
Cheers
Gerry
Gerry Harris
Re: Wills and the new law
Any comments on the above?
Need to know if we need to make new wills.
Cheers
Gerry
Need to know if we need to make new wills.
Cheers
Gerry
Gerry Harris
- chrissiehope
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Re: Wills and the new law
Mowser - you really should make a will - if you don't, then the government will take a large chunk of your estate . 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......
Alexandr for President (Squire for PM !)
Outside of a dog, a book is a man's best friend.
Inside of a dog it's too dark to read (Groucho Marx)
Outside of a dog, a book is a man's best friend.
Inside of a dog it's too dark to read (Groucho Marx)
Re: Wills and the new law
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
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
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.
Sid
Sid
- chrissiehope
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Re: Wills and the new law
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 !
Alexandr for President (Squire for PM !)
Outside of a dog, a book is a man's best friend.
Inside of a dog it's too dark to read (Groucho Marx)
Outside of a dog, a book is a man's best friend.
Inside of a dog it's too dark to read (Groucho Marx)
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