Do I have to make a Spanish will? I am British but live here permanently. I would prefer to make a British will. I own a small log cabin,  so how does this have to be left on my death? Any idea how much it costs to make a Spanish will and is there an advantage? Thanks Gill

The simple answer to your question is that no you do not have to prepare a Spanish Will. That said, anyone who has any assets in Spain is strongly advised to execute a Spanish Will. Fundamentally this is because it allows the testator to state in categorical terms who they would like the beneficiary or beneficiaries of their estate to be. Where no Will is in place you may be faced with enforcing a Will from a foreign jurisdiction or alternatively dealing with the estate under intestacy rules which may mean that the actual beneficiaries are not the intended beneficiaries should the individual have actually executed a Will.

By implication the above process takes considerable time and can be exceedingly expensive. I am presently dealing with an estate of a Briitsh national who died nearly one and a half years ago without having executed either a Spanish or English Will. By contrast where a Spanish Will is in place in the normal course of events and estate can be adminsitered within the 6 month period during which any Inheritance Tax should be paid without incurring late payment penalties.

Costs vary depending upon complexity. That said, in the normal course of events Wills are relatively straightforward. They would be prepared in English and Spanish and then signed before a Notary. The Notary fees vary but from experience one should budget for anywhere between 50 and 70 euros. Legal fees for one Will would be 100 euros + IVA.

If you require further information or a copy of our Will questionnaire form please do not hesitate to contact me.

Glyn Moran
Partner
CB Legal & Fiscal - Lawyers & Tax Advisors

Tel: +34 966 472 660
Fax: +34 966 472 510
http://www.legalandfiscal.com
.(JavaScript must be enabled to view this email address) / .(JavaScript must be enabled to view this email address)

J?vea / Xabia - Benijofar - Los Alcazares - La Marina

some one close to me has just gone through these motions and still is (6 months later), her partner passed away, they had made a will in the uk and in spain, but found an error in the spanish will, that failed to state the uk will should over ride the spanish will. this is the best way round it i beleive. A spanish will does not operate like uk wills, much paper work and money…. alot of beneficiaries back in the uk do not bother claiming their inherintance in spain because they would have alot of work on the hands and much money to spend..ie obtaining a IE number, having to go to consulate in london, having to go to spain…and so on….. and if for example your partner passes away, if the beneficiaries do nothing within the first six months, you yourself can be penalized, which i beleive is placed onto the property….hope this kinda makes sense, sorry i wish i could be more specific for you, but really what i have learned is a headfull in itself…just make sure you know what the out come is going to be of your will before making one…all best

Without sight of the paperwork it is clearly difficult to comment specifically.

That said, care should be taken to ensure that a Spanish Will is drafted correctly so that it states, in categorical terms, that it covers Spanish assets, rights and actions only and that it maintains in force any Will / testament executed in a foreign country. Furthermore, clients are always advised to consider that any English Will may conflict with the Spanish Will unless it is again drafted correctly or in instances a codicil is added. 

With respect to paperwork I would disagree that it quite such a burden. It is true that beneficiaries must obtain NIE?s but I would normally proceed by way of Power of Attorney which can be legalsied in their country of residence (for example the UK). This would then allow their representative in Spain to apply for their NIE and take all necessary steps to accept the inheritance on their behalf and then transfer the property / assets to their name(s).

Glyn Mor?n

I own a house in Spain. I am divorced with 3 children under 18. I recently married a spanish man. I went to a notario to make a will asking that the house should pass directly to my children and my new husband has the right to live here until he dies. The notario said that Enlish law might apply to me and I should ask my embassy what this law states. I wrote to the embassy who gave me the name of an english speaking notario. (the language wasn?t the problem) I have lived here 7 years and have to wait until I?ve been married one year to apply for spanish nationality or 3 years until la ley aragonesa applies to me. This law states 2 parts of my estate must go to my children and one part to whom I please. I dont have any assets in the UK.  With my luck, I?ll pop my clogs before I can sort this out and my ex husband in England will take the children and ask an English judge if he can sell the house.  Surely a spanish will for property in Spain with children that have lived here most of their lives would be legal? Help.