There are many websites given information on drawing up a Spanish will. There are two very important matters that are not usually discussed. The first is that when you make Spanish will and any additional testaments in other countries where you have assets, keep the descriptions in these will totally separate. That is to say do not mention your assets in Spain in for example a British will or vice versa. This will complicate the matter when the will is being executed. The second and equally as important issue to take into account that as though correctly stated on various forums and websites that, the foreign resident has the advantage over his Spanish counterpart allowing the legal right to draw up a will in accordance to the law of their country or origin (A Spanish citizen is guided by the law of this land and does not have the choices the expatriate has) this is what can occur if the will is contested. This probability may occur where there are children from a previous marriage or anyone who feels that they have been disinherited. It is highly likely that a court could supersede your wishes and if so the outcome could be that the court will decide on the side of the Law of Spain, arriving at the conclusion that the assets should be divided accordingly.
Making a Spanish will |
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