1to1 Legal USA Find Local Solicitors
Law Firm Marketing
Subscribe to our Newsletter

Property in Spain? Advice on Wills and what to avoid

Article provided by Thy Will Be Done:


If you have property in Spain, it is important that you:



What is the process of organising a Spanish Will and what to be aware of?

You need to engage an Abogado (solicitor) or a reputable Will writer/legal representative to produce your Spanish Will. The Will should be written in a dual-column format which is Spanish on the left-hand side and English on the right-hand side to ensure that your beneficiaries can understand it when the time comes.

Once written the Will needs to be notarised and the notary you choose should be contacted in advance to ensure that they will accept dual column format and not insist on a translator being present because that will significantly increase your costs on top of that which you will already have paid to have the Will produced.

The notary will then provide you with what is called a 'copia simple' which you take away and the original is then registered by the notary in Madrid – In Spain, you do not actually get a copy of the registered Will.


Things to note that you can and cannot do in a Spanish Will:

You cannot elect one beneficiary over another in Spain, they all have to act together, or you must elect a person or legal entity that is not a beneficiary to act as the executor. The more you add to a Will in terms of reserves for example, the more expensive the notary becomes as they charge based on the amount of content within a Will, so it is best just to have your beneficiaries listed with one reserve for each for example.

Married couples should be aware that the process of probate happens on both deaths even if everything is being left to each other. Where a property is owned by a couple this will automatically be considered as 50/50 unless a separate legal document states otherwise, it is not jointly owned as with an English property, and as such the share of the deceased’s property will always be taken into consideration in terms of its value during the probate process and will not automatically pass to the surviving co-owner outside of the estate.

Trusts do not exist in Spain, but a clause called a usufruct clause can prevent the sideways disinheritance of beneficiaries in the future should a surviving partner/spouse marry or remarry in the future. It allows the partner/spouse to continue living in the property but not actually own it, ensuring the listed beneficiaries of the first to die are guaranteed to get their share when the survivor dies or the property is sold


Inheritance tax and other matters concerning inheritance:

Inheritance tax is a complex issue in Spain as it is not generalised as it is in the UK with some regions (such as Valencia) having no inheritance tax at all and others having significant taxes depending on the relationship of the beneficiary to the deceased, so any inheritance tax mitigation strategies should be discussed with a professional advisor in advance of making a Will.

A beneficiary of a Spanish asset or share thereof, wherever they are located in the World, must obtain a Spanish NIE number to receive their inheritance and will also (if using a legal advisor/Abogado) grant power of attorney for that person to work on their behalf and represent them accordingly.


Conclusion:

The law and rules surrounding estates, Wills, inheritance, and tax can be complex and it is advisable to seek professional advice on these matters and certainly, if you do not have a Will at all, to do this as soon as is practicable as dying without a Will for your Spanish estate can be specifically problematic if partners and spouses are involved in conjunction with children because children, under Spanish law, must be favoured and no asset can actually be left to a Spouse/beneficiary over a child in this scenario, which clearly presents its own issues from the outset.


ABOUT THE AUTHOR:


Contact Thy Will Be Done in the UK on 0800 668 11 64 or in Spain on 865 756 058 or use their contact form which can be found at www.thywill.es and, they will be able to help with all the above with the addition that, those individuals with Spanish property who cannot get to Spain to arrange their Wills or a notary can be accommodated without actually having to leave the UK.


www.thywill.es
Thy Will Be Done
The Mill Building
31-35 Chatsworth Road
Worthing
BN11 1LY
www.thywill.es





4.2
This article "Property in Spain? Advice on Wills and what to avoid" is rated
4.2 / 5 based on 15 reviews. †


Rate it:

Disclaimer


Other Guest Posts:

» Buy Law Firm Review Services - However ...
» Starting a Successful Business in College - Then ...
» Taylor Rose TTKW Fee Sharing - They are also happy for you to speak to their existing fee-sharers ...
» Litigation Funding UK - So try and get a solicitor offering you both ...
» Seven Good Reasons to Make A Will Now - /li li 5 ...
» Wills & Probate Duties of an Executor - It is therefore important to act carefully and keep detailed accounts of your movements ...
» Before Making a Housing Disrepair Claim - They operate on a no win ...
» What Repairs Is My Landlord Liable For - The Landlord and Tenant Act prohibits landlords from charging their tenants for the repairs that are their responsibility ...
» Top Tips When Dealing with a Rogue Landlord - You should also ask questions before finalising your tenancy agreement ...
» Peculiarities of legal job opportunities - Nearly half of today's political law school students are female and could eventually outnumber men within their path ...
» Why Is It Important to Hire a Content Writer - Article submitted by Seymour Adamson ...
» Can Quality Copywriting Affect Your Business Strategy - Is copywriting important for marketing ...
» Dubai's Business Environment - However ...
» Kudos Legal Ltd - At 1to1Legal we do our best /b to provide a good mix of firms for people to choose from when see ...
» www.frankrogerslaw.co.uk - It's a common misconception that general practice firms are always less able to handle a certain cas ...
» OJ Solicitors Glasgow - If you've used our site before to find legal help, then you'll already be aware that we do not cram ...
» Penn Chambers Solicitors - There's no shortage of law firms around the London area. So what sort of things can you look for to ...
» www.hutcheonlaw.co.uk - There is an unbelievably huge number of personal injury firms out there. On top of that there are hu ...

Solicitor Marketing

Search for Legal Help Near You:

Recommended Firms:
Conveyancing Search Services:

The Search Bureau are a leading supplier of Conveyancing searches to solicitors across England and Wales. Using their industry leading platforms they are able to provide a whole host of services including case management, quoting tools and facial recognition I.D checks.

They offer conveyancing searches for both Residential and Commercial property transactions with online access for real-time monitoring.

Visit their website, or call 01628 260222.
The Search Bureau
» www.searchbureau.co.uk »

Related News:
Claimants in dark about insurance claim fees - www.ft.com

Compensation website for cyclists unveiled by Allan McDougall - www.allmediascotland.com

Bank policy cripples pensioners say Mps - money.aol.co.uk

Law Firm Marketing Blog:
Legal: Astonishingly. many .though not all) businesses that are pedigreed are selecting to not yet compete on value. claiming that this would diminish their future ability to compete for the shrinking pool of high -stakes / high-margin w ... Lawyer Listings


Paralegal Career Is great Pick For Baby Boomer Profession Transitioners: Thank you for following up with a few examples of behaviours and search phrases. The fact remains that many lawyers are always thinking about working for more prestigious law firms to increase both career prospects and th ... List of Solicitors in Manchester


Find Local Attorneys, Law Firms, Information And Legal Services: Do not assume that you ought to set your views on the law firms that offer the highest salaries and take part in the greatest-profile deals. In practice. the bigger commercial businesses in London as well as another important lega ... Solicitor Listings


>> Try our Lead Generation Services <<

>> Solicitors SEO? <<
Browse our Law Firm Directory:
Click Here for USA
In the US?


Site Search

GoogleCustom Search
Law Firm? Vote:
Which online marketing purchase has brought you the most success?

Pay-Per-Click
Social Media
SEO
Email Marketing
Affiliate Program
Directories

Advice on Spanish Wills Info Page Copyright © us. 2007-2024
Advice on Spanish Wills Logo, Branding, etc. © them. (obviously)
1to1 Legal, PO Box 18678, Peterhead, Aberdeenshire, AB42 3WY
part of the ClaimsHeaven.co.uk network.
Cookie This website uses cookies to personalise content/adverts, integrate social media functions, analyse our traffic, track votes, etc. Please check with third party application providers such as Facebook, Twitter, and Google for how they use your data. By using this website you consent to our use of cookies.
Learn More   ::   I Accept   ::   I Decline
15