ACCEPTING BRITISH WILL IN SPAIN

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Bongtrees
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ACCEPTING BRITISH WILL IN SPAIN

Postby Bongtrees » Thu Nov 20, 2008 12:48 pm

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
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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby El Cid » Thu Nov 20, 2008 1:06 pm

It's possible but complicated.

Info in English here http://tinyurl.com/6c42jw

Sid

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Bongtrees » Thu Nov 20, 2008 1:26 pm

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 a time of universal deceit, telling the truth is a revolutionary act. George Orwell

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Jool » Thu Nov 20, 2008 2:12 pm

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.......

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby oliveview01 » Fri Nov 21, 2008 4:57 pm

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.

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Jool » Fri Nov 21, 2008 6:24 pm

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.......

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Bongtrees » Fri Nov 21, 2008 6:37 pm

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.
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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Jool » Fri Nov 21, 2008 6:55 pm

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....

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Bongtrees » Fri Nov 21, 2008 7:12 pm

In a time of universal deceit, telling the truth is a revolutionary act. George Orwell

Bongtrees
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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Bongtrees » Fri Nov 21, 2008 10:35 pm

Jool

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

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby murbisa » Sat Nov 22, 2008 3:26 pm

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.

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby peteroldracer » Sat Nov 22, 2008 6:02 pm

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!
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Bongtrees
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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Bongtrees » Sat Nov 22, 2008 7:39 pm

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.
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

Postby El Cid » Sat Nov 22, 2008 10:48 pm

Bongtrees wrote: .Many people dont want a Spanish will and for several good reasons.
.



And what would those reasons be?

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Beachcomber » Sat Nov 22, 2008 11:11 pm

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.

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Bongtrees » Sun Nov 23, 2008 2:05 pm

A Traductor Jurado (here anyway) charges 100 euros
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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Beachcomber » Sun Nov 23, 2008 2:46 pm

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.

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby El Cid » Sun Nov 23, 2008 6:12 pm

As I said before - what reasons are there for not having a (cheaper in the long run) Spanish will?

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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby Bongtrees » Sun Nov 23, 2008 10:31 pm

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.
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Re: ACCEPTING BRITISH WILL IN SPAIN

Postby peteroldracer » Sun Nov 23, 2008 10:34 pm

Bongtrees 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 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 will
Point two - there is no way of catering for the terminally stupid.
The saddest people are those that cannot laugh at themselves


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