ACCEPTING BRITISH WILL IN SPAIN
ACCEPTING BRITISH WILL IN SPAIN
Its often been written that the wishes in a British will are accepted by Spanish authorities.
Does anyone have any links to this in Spanish? if not in English?
TIA
Does anyone have any links to this in Spanish? if not in English?
TIA
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
Re: ACCEPTING BRITISH WILL IN SPAIN
Thanks Sid but the info is incorrect/ambiguous on that web site.
In particular this entry........................
The Spanish Consul in your home country must legalise a certified copy of the grant of probate, which must be translated into Spanish. ........
This only applies if there are UK assets, where none exists its not applicable.
Also having a lawyer prepare a list of assets to present to the tax authorities would be IMO just an excercise to line the Lawyers pocket.
If you have any other links, would be grateful
In particular this entry........................
The Spanish Consul in your home country must legalise a certified copy of the grant of probate, which must be translated into Spanish. ........
This only applies if there are UK assets, where none exists its not applicable.
Also having a lawyer prepare a list of assets to present to the tax authorities would be IMO just an excercise to line the Lawyers pocket.
If you have any other links, would be grateful
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
Re: ACCEPTING BRITISH WILL IN SPAIN
A solicitor told us that in practice it is proving difficult to get wishes according to UK law to be honoured as it is not true that inheritance law of nationality automatically applies if put in to a Will where there are spanish assets or the deceased lived in Spain....
Her advice was to have english Will for UK assets and spanish Will for spanish ones and to make it absolutely clear that there is an existing will for assets elsewhere.....plus a special clause for how to get our own wishes, rather than spanish ones, adhered to (I had to cancel the last appt) this is something we still have to sort out ourselves and it seems yet another minefield.......
Her advice was to have english Will for UK assets and spanish Will for spanish ones and to make it absolutely clear that there is an existing will for assets elsewhere.....plus a special clause for how to get our own wishes, rather than spanish ones, adhered to (I had to cancel the last appt) this is something we still have to sort out ourselves and it seems yet another minefield.......
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Re: ACCEPTING BRITISH WILL IN SPAIN
We wrote our Spanish will about 4 years ago, it is registered somewhere, so we were told! The abogado told us that all wills go to a central registry place.
Re: ACCEPTING BRITISH WILL IN SPAIN
You might want to review it then as this solicitor has said notaries etc are less willing to respect wishes in wills done the old way........I know its meant to be ok but apparently spanish law does not actually allow for it and in this case Spain is not forced to abide by the EU....I´m only citing what I have been told, have not checked it out myself, keep avoiding the subject.......
Re: ACCEPTING BRITISH WILL IN SPAIN
Jool. If the information reproduced below is correct and it is indeed codified, your abogdo is incorrect
The International Law provisions of the Spanish Civil Code provides for the Law of the Nationality of the demised person to be the Law governing all Inheritance Matters relating to the said person. This means in case of an UK Citizen, UK Law will be applicable to his Inheritance and in particular to his Spanish Estate. UK law provides for the principle of freedom to testate for the testator.
The International Law provisions of the Spanish Civil Code provides for the Law of the Nationality of the demised person to be the Law governing all Inheritance Matters relating to the said person. This means in case of an UK Citizen, UK Law will be applicable to his Inheritance and in particular to his Spanish Estate. UK law provides for the principle of freedom to testate for the testator.
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
Re: ACCEPTING BRITISH WILL IN SPAIN
Where is the quote from please?
It says what I have always understood to be true but this solicitor was quite categorical that it was not the safest option any more and had been and could be problematical in those wishes being carried out....and no she was not touting for business, it was mentioned to a friend of mine when I was with her after she had already made an appt for making a Will....
It says what I have always understood to be true but this solicitor was quite categorical that it was not the safest option any more and had been and could be problematical in those wishes being carried out....and no she was not touting for business, it was mentioned to a friend of mine when I was with her after she had already made an appt for making a Will....
Re: ACCEPTING BRITISH WILL IN SPAIN
http://www.berdaguerabogados.com/spanis ... ritish.htm
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
Re: ACCEPTING BRITISH WILL IN SPAIN
Jool
Article 9.8 of the Civil Code
link is on civil code post
Article 9.8 of the Civil Code
link is on civil code post
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
Re: ACCEPTING BRITISH WILL IN SPAIN
Good friends of mine bought a property near us and moved over "permanently". Unfortunately he died of a massive heart attack just 5 weeks after moving in. They were still in the process of completing their Spanish wills as it was August and nobody does anything in August!! He had a very simple English will and this was honoured by the Spanish without a problem. Only trouble was the length of time it took. The will had to go to Madrid and then over to the Home Office in UK (twice in their case because the Home Office hadn't completed the paperwork properly!) The whole thing took over 6 months but the will was honoured and she inherited everything without a problem.
The sad part of the story is that she eventually returned to the UK and developed cancer. After me getting her through 3 major ops and nursing her back to recovery the cancer had spread and she died. Just 2 years after her husband and they were both in their early 60's.
The sad part of the story is that she eventually returned to the UK and developed cancer. After me getting her through 3 major ops and nursing her back to recovery the cancer had spread and she died. Just 2 years after her husband and they were both in their early 60's.
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Re: ACCEPTING BRITISH WILL IN SPAIN
Is it me??? Why on earth don't you just get a Spanish will done - should only cost a couple of hundred Euro at worst - worth that to be able to sleep at night!
I used to cough to disguise a [email protected] I f@rt to disguise a cough.
Re: ACCEPTING BRITISH WILL IN SPAIN
Peter.....Many people either dont know about or dont want a Spanish will and for several good reasons.
To legalise an English Will (or other original document) send it direct to the Legalisation Office in Milton Keynes details on the Foreign Office web site.
Payment can be made online by credit or debit card or sterling cheque international money order enclosed with document. Cost is 33 pounds including registered delivery.
Time scale 2-3 weeks max.
To legalise an English Will (or other original document) send it direct to the Legalisation Office in Milton Keynes details on the Foreign Office web site.
Payment can be made online by credit or debit card or sterling cheque international money order enclosed with document. Cost is 33 pounds including registered delivery.
Time scale 2-3 weeks max.
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
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Re: ACCEPTING BRITISH WILL IN SPAIN
Bongtrees wrote: .Many people dont want a Spanish will and for several good reasons.
.
And what would those reasons be?
Sid
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Re: ACCEPTING BRITISH WILL IN SPAIN
It isn't just a case of 'legalising' an English will. It has to be translated into Spanish by a bi-lingual notary public at some considerable cost. There is no possible reason for not wanting to grant a Spanish will.
Let's go Brandon!
Re: ACCEPTING BRITISH WILL IN SPAIN
A Traductor Jurado (here anyway) charges 100 euros
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
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Re: ACCEPTING BRITISH WILL IN SPAIN
I think it would depend on the number of words. Anyway, that is already more than the cost of granting a Spanish will without taking into account the cost of the legalisation procedure.
Let's go Brandon!
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Re: ACCEPTING BRITISH WILL IN SPAIN
As I said before - what reasons are there for not having a (cheaper in the long run) Spanish will?
Sid
Sid
Re: ACCEPTING BRITISH WILL IN SPAIN
There has to be reasons why people do not have a Spanish will.
I am only guessing but maybe one reason is that most are offered this service by a Spanish lawyer and are then advised by most people on here, and not on here, not to trust them.
Then there is the question of people who are not married maybe?
people who dont understand or trust the Spanish anyway?
For approx 140 euros it is possible to legalise and translate an English will so for those that dont have a Spanish will three is no need to worry unduly.
Statistics show that 70% of British people die intestate, there will no doubt be a lot of people with Spanish properties who dont have any will at all.
I am only guessing but maybe one reason is that most are offered this service by a Spanish lawyer and are then advised by most people on here, and not on here, not to trust them.
Then there is the question of people who are not married maybe?
people who dont understand or trust the Spanish anyway?
For approx 140 euros it is possible to legalise and translate an English will so for those that dont have a Spanish will three is no need to worry unduly.
Statistics show that 70% of British people die intestate, there will no doubt be a lot of people with Spanish properties who dont have any will at all.
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
- peteroldracer
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Re: ACCEPTING BRITISH WILL IN SPAIN
Point one - makes no difference - we are not wed yet have a Spanish will, and as in the UK it is far better in that circumstance to have a willBongtrees wrote:
Then there is the question of people who are not married maybe?
there will no doubt be a lot of people with Spanish properties who dont have any will at all.
Point two - there is no way of catering for the terminally stupid.
I used to cough to disguise a [email protected] I f@rt to disguise a cough.
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