Spanish Will

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gruff
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Spanish Will

Postby gruff » Fri Dec 03, 2021 10:03 am

Having now inherited the Spanish house I'm recommended to make a Spanish will. I only have a distant nephew to leave it to who probably would not thank me for the work involved and having to spend a lot of time in Spain. Do I have other options?

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costakid
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Re: Spanish Will

Postby costakid » Fri Dec 03, 2021 10:05 am

Leave it to me Gruff and I will willingly sort and pay any taxes.

El Cid
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Re: Spanish Will

Postby El Cid » Fri Dec 03, 2021 10:14 am

He would also get a very large inheritance tax bill to pay.

Leaving it to your favourite charity might be a better idea.

Sid

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Re: Spanish Will

Postby gruff » Fri Dec 03, 2021 10:41 am

That sounds a better idea Sid. Could I do that through my English will or would it need to be a Spanish one?

Any charity?

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Re: Spanish Will

Postby El Cid » Fri Dec 03, 2021 11:02 am

The normal way is to have two wills. An English one for English assets and a Spanish will for Spanish assets.

Sid

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Wicksey
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Re: Spanish Will

Postby Wicksey » Fri Dec 03, 2021 11:49 am

We have recently rewritten our UK wills from here by having Zoom meetings with the solicitor and showing ID etc. Not sure if you can make a Spanish will from the UK, presuming you are in Wakefield and not Iznate? If you are in Spain the easiest and cheapest thing to do it to make it directly at the Notary's office. It's a few years since we re-did ours but it was only 38€ each.

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Re: Spanish Will

Postby Manchesteral » Fri Dec 03, 2021 12:11 pm

gruff wrote: Fri Dec 03, 2021 10:03 am Having now inherited the Spanish house I'm recommended to make a Spanish will. I only have a distant nephew to leave it to who probably would not thank me for the work involved and having to spend a lot of time in Spain. Do I have other options?
Do you have a problem with selling it and wasting the proceeds ?

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Re: Spanish Will

Postby Beachcomber » Fri Dec 03, 2021 1:23 pm

My wife and I have left all of our assets to charity. We have a Spanish will for the Spanish properties and assets and and English will for the UK properties and assets.

No-one in the UK is likely to know or care when we go so we have left the wills, both Spanish and English with an English speaking Spanish friend who is a lawyer who will also set the wheels in motion in the UK . (She was a friend before she became a lawyer!)

You definitely cannot make a Spanish will by Zoom and making a will is about the only thing the holder of a power of attorney cannot do for the granter.
Let's go Brandon!

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Re: Spanish Will

Postby gruff » Fri Dec 03, 2021 4:45 pm

The house is now fully in my name and am enjoying using it. I'm "lead" executor of four for an estate in the UK. It is difficult and complex and the stress has really taken it's toll on me. I don't want to put that on anyone when I have gone.

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Re: Spanish Will

Postby katy » Sun Dec 05, 2021 2:57 pm

El Cid wrote: Fri Dec 03, 2021 10:14 am He would also get a very large inheritance tax bill to pay.

Leaving it to your favourite charity might be a better idea.

Sid
Good point. Was an article in Spanish news and said that many relatives are turning down inherited property.

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Re: Spanish Will

Postby katy » Sun Dec 05, 2021 3:10 pm

gruff wrote: Fri Dec 03, 2021 4:45 pm The house is now fully in my name and am enjoying using it. I'm "lead" executor of four for an estate in the UK. It is difficult and complex and the stress has really taken it's toll on me. I don't want to put that on anyone when I have gone.
It is myself and Cousins inherited Aunts villa. Tax had to be paid upfront before completing. Not many want to put around 20 to 80 thousand up front for a house they don’t want and May take a couple of years to sell.

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Re: Spanish Will

Postby El Cid » Sun Dec 05, 2021 4:21 pm

At least, in Andalucia, it’s not a problem for the kids as the IHT is now almost nothing. Not so easy in other regions. It’s also complicated in that if Spanish, you have to leave at least a third of it to all your children so those with large families have a problem even without the IHT as they can’t all live in it and they can never all agree about selling it.

Sid

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Re: Spanish Will

Postby gruff » Fri Jan 07, 2022 11:34 am

So reading Katy's post if I left it to my nephew does it have to be transferred into his name before he could sell it? I understand he would have to pay the IHT first but when I inherited it the IHT was nothing like the figures mentioned.

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Re: Spanish Will

Postby Pamela1 » Fri Jan 07, 2022 12:11 pm

I beleive you have to be the registered owner in order to be able to sell the property..

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Re: Spanish Will

Postby El Cid » Fri Jan 07, 2022 12:20 pm

gruff wrote: Fri Jan 07, 2022 11:34 am when I inherited it the IHT was nothing like the figures mentioned.
Presumably because it was left to you by a close relative. Your nephew is not classed asaclose relave so he has a much larger bill to pay.

Sid

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Re: Spanish Will

Postby Cádiz » Sun Jan 09, 2022 10:00 am

I am just curious about a few things.
What happens a property if there is no will and no-one claims property.
What happens if a person who is left a property if the person refuses inheritance....

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Re: Spanish Will

Postby katy » Sun Jan 09, 2022 7:47 pm

Googled and lot of info in Spanish. You are able to refuse it by going to Notary. I just put this in

no quiero herencia de una casa Espana

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Re: Spanish Will

Postby El Cid » Sun Jan 09, 2022 10:26 pm

Why don’t you just Google it if you want more information. Try “Spain no will”.

It’s not difficult and it saves members having to do it for you.

Sid

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Re: Spanish Will

Postby nevillewillmott » Sun Mar 06, 2022 6:10 pm

My wife and I own a flat in La Herradura that we want to pass firstly to the surviving spouse and subsequently to the children. We are all UK resident

From this and other forums, as I understand it, the amount of Succession/Inheritance Tax levied in Andalucia is not a big issue. What may be a problem is the orderly, expeditious transfer of the property to the desired beneficiaries at the appropriate time

My plan is use an abogado to make a Spanish will that contains the stipulation that UK succession law is to apply to our Spanish estate. I have heard it is possible to do this. In this way, the property should pass firstly to surviving spouse and later to the children

So, after this rather glum momento mori, a few questions:

- has anyone found the dependable lawyer hereabouts? I am hoping Almunecar

- what else could be usefully included in a Spanish will?

Gracias de antemano

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Wicksey
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Re: Spanish Will

Postby Wicksey » Sun Mar 06, 2022 7:21 pm

You can go directly to a Notary to complete the will for you. The abogado will simply do the same and then charge a huge amount for doing it. When we did our wills in Torrox a few years back they were 38€ each and were in Spanish and English. They were fairly easy to complete and you can include the fact that you want them to be dealt with under UK succession rules.


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