Spanish Will
Spanish Will
Afternoon Everyone!
I have an English will covering my UK assets (basically my overdraft!!) but I believe I need to deal with my Spanish assets, i.e. my house and contents and my dog, with a Spanish will. I have read various reports about it not being strictly necessary but I want to make it easier on my family in UK, should the inevitable happen or, should I say, when it happens.
Any advice on the best course of action in this regard and how I should go about it would be greatly appreciated - I live near Vélez-Málaga so, if necessary, I should be looking in the Axarquia district for any professionals that might be involved.
Ta muchly!
I have an English will covering my UK assets (basically my overdraft!!) but I believe I need to deal with my Spanish assets, i.e. my house and contents and my dog, with a Spanish will. I have read various reports about it not being strictly necessary but I want to make it easier on my family in UK, should the inevitable happen or, should I say, when it happens.
Any advice on the best course of action in this regard and how I should go about it would be greatly appreciated - I live near Vélez-Málaga so, if necessary, I should be looking in the Axarquia district for any professionals that might be involved.
Ta muchly!
Stupot
Re: Spanish Will
If it's a straightforward will, go to your nearest notary with a Spanish speaking person and do it there. Fee is about €50. There are people who will do it for you for anything from €250 - €500.
Cheers
Gerry
Cheers
Gerry
Gerry Harris
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Re: Spanish Will
You just need to go to a notary with your requirements. If you cannot find an English speaking notary take a translator. Don't use a lawyer as you will be paying through the nose for nothing.
Ensure that your Spanish will only refers to your Spanish assets and that your English will only deals with your UK assets.
Edit: I posted at the same time as Gerry but the advice is basically the same!
Ensure that your Spanish will only refers to your Spanish assets and that your English will only deals with your UK assets.
Edit: I posted at the same time as Gerry but the advice is basically the same!
Let's go Brandon!
Re: Spanish Will
Beach - are you saying we should all make 2 wills? What happens re inheritance tax then? Paid in both countries for relevant assets? Previous advice was to make one Will for all assets........this area is still a minefield it seems
I have been told recently that making a spanish will according to english inheritance law is not being accepted by the Authorities anymore and that a spanish will must conform to the spanish inheritance law - this was by someone who deals in Wills all the time.
I have been told recently that making a spanish will according to english inheritance law is not being accepted by the Authorities anymore and that a spanish will must conform to the spanish inheritance law - this was by someone who deals in Wills all the time.
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Re: Spanish Will
No Jool. I'm sure that's wrong. Spain (under EU law) cannot legally enforce that. There would be chaos involving millions of people. It is, however, a subject that comes up time after time and may alter. This government will be desperate for tax revenue soon and we might get clobbered in some way but I think this inheritance business is unlikely. Best thing to do is blow it all on fast living ...
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Re: Spanish Will
No, Jool, I agree with Lavanda. I have heard this as well, it may have been from you, and I have checked with two totally separate notaries who confirm that foreigners can still make their wills according to the law of their country of citizenship. That isn't to say that if the will were to be challenged by any disinherited issue he/she would not be successful in a Spanish court.
Yes, you need an English will for your UK assets and a Spanish one for your Spanish assets but you need to make it clear in each one that it only applies to your assets in that country.
Yes, you need an English will for your UK assets and a Spanish one for your Spanish assets but you need to make it clear in each one that it only applies to your assets in that country.
Let's go Brandon!
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Re: Spanish Will
A very important point about having assets in both countries is that you may be liable to IHT in both countries on the same assets.Jool wrote: What happens re inheritance tax then? Paid in both countries for relevant assets?
UK law says you pay UK IHT on all your assets if you are domiciled in the UK. Many ExPats who are tax resident in Spain will have retained their UK domicile and thus be liable to UK IHT on their Spanish assets which are also liable to Spanish IHT.
The double taxation agreement with Spain does not apply to IHT so you can end up paying two lots of tax. There are special provisions allowable under UK tax law to mitigate this but it is a complicated subject and worth taking professional advice if you have significant UK assets.
Sid
Re: Spanish Will
What if the person has no UK assets but wants the Spanish ones disposed of under his/her UK will?
Can they make a Spanish will that refers to the UK will?
Can they make a Spanish will that refers to the UK will?
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
Re: Spanish Will
Well Beach you are right it was me that posted the link from another site re notaries not accepting the spanish wills months ago but this is new information from a solicitor who has had problems with client´s where spanish wills made according to the law of nationaility have not been recognised when it mattered. Does anyone have the EU law reference that actually applies? I was not aware EU law could affect taxation matters to the level of detail of IHT as the amounts are not uniform across the EU are they? Of so under EU law how can it be equitable for UK domiciles, which most normal (ie not mega rich) UK expats are, to be liable for IHT twice? Once is bad enough given that it is money on which tax has already been paid and thus should rightfully be our own anyway!
Sid - are there any specialists you would recommend - I resent the concept of IHT and don´t want to pay out on it twice
Sid - are there any specialists you would recommend - I resent the concept of IHT and don´t want to pay out on it twice
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Re: Spanish Will
I can't offer any personal recommendations as I have never needed to use one.Jool wrote: Sid - are there any specialists you would recommend - I resent the concept of IHT and don´t want to pay out on it twice
Of the many advisors here the one that seems to be better respected than most is Blevins Franks but hopefully someone else on the forum can offer some first hand recommendations.
Sid
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Re: Spanish Will
There is an issue you have touched on Jool ... under Spanish law you cannot disinherit your children. If you choose to leave one out of your will, under UK law you can do that. Should the disinherited child contest the will (that deals with Spanish assets and that disinherits them) in Spain a Spanish judge would hear the case and, most probably, grant the child a share of the inheritance. It's better to give all children SOMETHING than have this situation occur but, of course, each person's family situation is their own. In our case, one child has already had their inheritance. It made sense for them to have it a few years ago and it was agreed by all. Under our Spanish will that child will get nothing (having already had it). He COULD (but won't) contest the will - and win another share. A way to overcome this is for him to sign a disclaimer - while not under duress to do so - and everyone is happy with this suggestion. Of course, everyone relies on everyone to 'play the game' and 'use a straight bat' and all that stuff.
I still think the answer is to blow it all or live forever.
As for inheritance tax I THINK if the amounts are different in different countries you pay the difference of the greater amount in the country where it is greater.
I still think the answer is to blow it all or live forever.
As for inheritance tax I THINK if the amounts are different in different countries you pay the difference of the greater amount in the country where it is greater.
Re: Spanish Will
Thanks to all on the forum who keep reminding other members about the need for A Will.
I didnt have one until Friday when I signed at the Notary and now that Ive seen how easy and cheap it is I´m so glad I did.
Next step to get an English one.
I didnt have one until Friday when I signed at the Notary and now that Ive seen how easy and cheap it is I´m so glad I did.
Next step to get an English one.
Re: Spanish Will
Kathy can you please give an idea of costs
Re: Spanish Will
The process was simple
I phoned my Lawyers PA
She sent a form which I completed and returned.
They drafted the will emailed it to the Notary of my choice.
They booked an appointment, I speak Spanish, so I did,nt need a translator.
The Clerk printed off a draft, I corrected a coulple of small errors, she clarified a couple of clauses.
Then I signed with the Notary.
Notary Fees 38 euros
I phoned my Lawyers PA
She sent a form which I completed and returned.
They drafted the will emailed it to the Notary of my choice.
They booked an appointment, I speak Spanish, so I did,nt need a translator.
The Clerk printed off a draft, I corrected a coulple of small errors, she clarified a couple of clauses.
Then I signed with the Notary.
Notary Fees 38 euros
Re: Spanish Will
Sounds good. I've just been quoted 280 euros EACH for my wife and myself.
Re: Spanish Will
Are you saying that the Lawyer drafted the will, booked the appointment without charge?Kathy wrote:The process was simple
I phoned my Lawyers PA
She sent a form which I completed and returned.
They drafted the will emailed it to the Notary of my choice.
They booked an appointment, I speak Spanish, so I did,nt need a translator.
The Clerk printed off a draft, I corrected a coulple of small errors, she clarified a couple of clauses.
Then I signed with the Notary.
Notary Fees 38 euros
Re: Spanish Will
Lavanda - sorry I must have missed your responses before..........what happens in the case of step families then? Just to give an example I´ve heard about...
EG - Husband has 2 children from previous marriage, both adults and doing well, husband had to sign over house to ex wife as part of divorce settlement and she only has their two children to bequeath to......
Wife number 2 has one adult child from previous marriage, is 20 years younger than husband (of above) and thus couple do not want to leave anything to children of first marriage until wife number 2 dies (as she will need house to live in) then ensure equal division between all 3 children
Can the older children take precedence over the wife (number 2)?
It was this kind of issue I think the solicitor was referring to whereby perhaps there may not be a genuine free choice as there is under our law of nationality - UK Inheritance Law
EG - Husband has 2 children from previous marriage, both adults and doing well, husband had to sign over house to ex wife as part of divorce settlement and she only has their two children to bequeath to......
Wife number 2 has one adult child from previous marriage, is 20 years younger than husband (of above) and thus couple do not want to leave anything to children of first marriage until wife number 2 dies (as she will need house to live in) then ensure equal division between all 3 children
Can the older children take precedence over the wife (number 2)?
It was this kind of issue I think the solicitor was referring to whereby perhaps there may not be a genuine free choice as there is under our law of nationality - UK Inheritance Law
Re: Spanish Will
The lawyers bill was on top of this.
I havent had the bill yet, but the quote was about 200 in total.
I havent had the bill yet, but the quote was about 200 in total.
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Re: Spanish Will
Jool, under Spanish law ALL children, from whatever relationship, are treated as equal. Therefore, if you marry a person with children from a previous relationship, have children yourself from a previous relationship and have children jointly, and own property jointly, they are ALL entitled to benefit under Spanish law. However, the advice in my last post stands. You are allowed to dispose of your assests according to UK law BUT a disinherited child can claim part of the (Spanish) inheritance, and, would, most likely, be granted something by a Spanish judge as the case would be heard in a Spanish court. If any children from any previous relationships (aided and abetted by discarded wives or husbands) wanted to create problems, they could. Best way is to leave them something (small) so they are not, technically, disinherited. HOWEVER, no one can take precedence over a spouse, husband or wife, and they can enjoy the property, money, etc. freely in their lifetime and 'apres moi le deluge' but, by then, who cares? Children can have an 'interest' but they cannot have the reddies until the surviving spouse dies BUT you need to make this crystal clear to the solicitor (or notary if you are brave enough to do this alone - we were not). As long as the children will inherit ONE DAY then they have not been disinherited. Hope this helps to clear it up. If anyone else tells you anything else, they are wrong. Trust me. I have made THREE Spanish wills up to now and probably know the law better than the lawyers! Both English and Spanish!
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