Do I need to change my U.K. will?

[Alan-LaCala]

We each made a will in the U.K. prior to moving to Spain. Since being here we have also each made a spanish will.

I have seen comflicting advice about whether or not we need to alter our U.K. will as it refers to it being our Last Will and Testament, and clearly that is no longer the case.
Some say that each country will respect the will made in that country, i.e. our spanish will deals with our villa here and any savings, and our U.K. will covers our U.K. assets.
I would rather not pay our U.K. solicitor to amend the will if it is not necessary, but if it is, I want to make sure our daughter does not have any problems in the future.

Any advice appreciated.

Alan

[Trigger]

We were told that we should mention in our UK wills that there is a seperate will in Spain covering our Spanish effects, just to make sure there isn't any confusion.

[Chalky]

We have made wills in Spain but not in the UK. We have been told that we should make English wills and that both Spanish and English wills should refer to all our assets and should cross-refer to each other.

That'll be £1,000 thank you (well that's what the advice cost me, but there was some other stuff as well!!).

[Grouser]

You should lodge a copy of your Spanish will together with your UK one and obviously there should be no contradictions.

[Beachcomber]

Sorry Chalky but the advice was wrong.

Your Spanish will should only refer to your assets in Spain and your UK will to your assets in the UK.

This is because your Spanish will refers to your wealth, rights assets and shares generally in Spain at the time of your death. You do not need to be specific about the identity of the property so if you sell one house and buy another it doesn't matter.

If you try to cross reference your assets you will get into a terrible mess.

[Martin Page]

Its a very good idea to Cross reference your Wills AND - Importantly - Define wich will is the dominant will ....

By that I mean that one of the Will should Liquidate all the assest in that country and forward them to the other will for distribution to the benificaries.

You need to actually say that in both wills

This way you can select which countries common law you will use in the event of a dispute and for tax purposes !

[Beachcomber]

Sorry, I don't agree. This can lead to all kinds of complications and to some fat legal fees for the lawyers involved.

[Colinm]

I have never heard of a 'dominant will' (in this scenario), my understanding from lawyers in Spain, UK and Ireland always was to make a will in each country and to mention in each will that another will existed to deal with the property etc in the other country.

[Campo Kenny]

Just spoke to OH before she gets her coat off and settles down.
She said there are a lot more possible complications but to simplify.

If you want to make a will in Spain you take your English will over and the Spanish will is made to revoke all other wills apart from the English one.

Vica verca if a client who has property and assets in Spain and has a Spanish will comes to see her she will make the English will to revoke all previous wills apart from the said Spanish one.

She said depending on domicile you can include Spanish monies in the will but not property.

Apparantly it is down to yourself to let the solicitor know about the other will so as not to revoke it so as they may run side by side as they relate to different assets in different countries.

Kenny

PS Hope I've relayed this ok.

[Alan-LaCala]

I am still confused; my spanish will refers to the fact that it applies to my spanish assets and that any assets out of Spain are dealt with by a separate will.

However the U.K. will makes no reference to the spanish will; it looks like I will have to get it amended to at least mention that the spanish will deals with the spanish assets.

Alan

[Campo Kenny]

Alan, which will did you make first? If you made the English will first it seems ok.

Kenny

[Grouser]

Would agree with Kenny. You just need to lodge a copy of your Spanish will together with your UK will.

[Alan-LaCala]

Alan, which will did you make first? If you made the English will first it seems ok.

Yes, I made the U.K. will first. That is the worry as it says it is my last will, and clearly that is no longer the case as I have now made a spanish will.

Alan

[RichardCoeurdeLion]

That's cleared that up, then

[Campo Kenny]

Alan, if the Spanish will revokes all other wills "apart" from your UK will then you have both of the wills running in unison which would be correct.

If you did it the other way around and made your Spanish will first then the UK lawyer would revoke all apart from the Spanish will.

Kenny

[Beachcomber]

The wording in the Spanish will regarding revocation is (should be) 'S/He revokes no previous wills provided they do not contradict this one'

This was changed in the early 1990s from 'S/He revokes all previous wills' for this very reason.

If you wish to change a Spanish will you effectively make a new one and specifically revoke the previous will granted before xxxx on xxxx with protocol number xxxx in much the same way as you revoke a power of attorney.