Spanish Wills

Information and questions about the Law in Spain and Andalucia.
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gerryh
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Spanish Wills

Postby gerryh » Sat Jul 20, 2019 5:21 pm

Both my wife and I have Spanish wills, written more than 10 years ago.
We thought they our wishes would be carried out under English law.

However seen this on another forum:-

"In our case, after two couples we know said they had been advised to rewrite their wills we took advice from three different and independent sources (two law firms and a gestoria). All three said that even though our wills said English Law would apply, we needed to rewrite our wills in order to take account of a change in Spanish Law that happened just a few years ago.
So we did.
At the end of the day, a couple of hundred euros or so to rewrite your wills, is a drop in the ocean compared to the costs and troubles that can be caused to your beneficiaries if you got it wrong. "

Ignoring the "couple of hundred euros or so to rewrite your wills" as I know it can be done directly at a Notoria for far less, any comments?
Cheers
Gerry
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elusive
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Re: Spanish Wills

Postby elusive » Sat Jul 20, 2019 5:42 pm

Yes ive read this alot on cab and other sites. After the law changed a few years back you supposedly need to write in the clause

El Cid
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Re: Spanish Wills

Postby El Cid » Sat Jul 20, 2019 5:55 pm

Yes, you need to change the wording which means a new will. The cheapest way is to take a copy of your existing will to the the notary and they will rewrite it with the correct phrase.

Loads of info about the law if you google Brussels IV.

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Re: Spanish Wills

Postby Beachcomber » Sat Jul 20, 2019 7:52 pm


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gerryh
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Re: Spanish Wills

Postby gerryh » Sat Jul 20, 2019 9:56 pm

Going back to topic viewtopic.php?f=41&t=34925&p=339305 I asked the question :-

"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."

But never got an answer.
So do we need to have our Spanish wills altered?
Cheers
Gerry
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Re: Spanish Wills

Postby El Cid » Sat Jul 20, 2019 10:24 pm

It’s up to you, but I did change ours.

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Re: Spanish Wills

Postby Beachcomber » Sun Jul 21, 2019 7:42 am

This matter is so subjective that, until the time comes, it is impossible to know for sure by which time, admittedly, it would be too late to do anything about it.

We have not rewritten our wills but, fortunately, we have no offspring to whom the ridiculous Spanish law of forced inheritors could force us to leave our assets anyway.

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Re: Spanish Wills

Postby El Cid » Sun Jul 21, 2019 9:58 am

If you leave it to your horses, do they have to pay IHT? :D :D

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Re: Spanish Wills

Postby Beachcomber » Sun Jul 21, 2019 11:16 am

Actually that's not far from the truth. We are planning that our sole beneficiary will be the Horse Trust in Princes Risborough on the condition that they take care of any animals that we have at the time so, in a way, the horses will be paying IHT.

We are hoping that they may be able to turn our finca into an albiet much smaller scale 'Spanish' Horse Trust.

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Re: Spanish Wills

Postby El Cid » Sun Jul 21, 2019 11:19 am

Brilliant idea!

Sid

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Re: Spanish Wills

Postby elusive » Sun Jul 21, 2019 12:36 pm

Wonderful plan

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Re: Spanish Wills

Postby costakid » Sun Jul 21, 2019 4:58 pm

Beach, I guess there will be a bit of horse trading between the relevant authorities to sort that out.

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Re: Spanish Wills

Postby gerryh » Sun Jul 21, 2019 8:39 pm

Sorry to be boring and go back to my original question and not continue discussing horses inheriting from a will. Got this from another mailing list:-
"UK nationals resident will all have to change their wills post-Brexit if there is no deal anyway"
Is this true?
Cheers
Gerry
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Re: Spanish Wills

Postby El Cid » Sun Jul 21, 2019 10:10 pm

I don’t think Brexit is relevant. The new law is an EU law and applies to residents of the EU. The UK rejected it anyway, but if you live in Spain, then, as far as I can see, it applies to you, irrespective of Brexit which does not change the fact that you are a Spanish resident.

Sid

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Re: Spanish Wills

Postby gerryh » Mon Jul 22, 2019 7:13 am

Hi Sid
That was my thinking. It is something Spain is required to do for foreign nationals who live in Spain.
Cheers
Gerry

Just added this from the other mailing list:-

"EU law applies only to EU nationals whose home country is in the EU.
Spain - like any other EU country - can make totally different requirements for Third Countries (ie non-EU members)"
Perhaps I'll wait until after Brexit has happened.
In the meantime happy to have my assets disposed of as per Spanish law.
Everything to my wife then everything to our two sons when she dies.
This is what our current Spanish will says.
Her will is a mirror image.
Cheers
Gerry Harris


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