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Monday 23 May 2016

DO I NEED AN SPANISH WILL?


1.     If you have assets in Spain the answer is yes. You need an spanish will.

2.     I have done my will in England or my country  is that valid in Spain. The answer is not.

It is true that it  could be done  part of your inheritance in your country of residence but do not forget that the part relating to your property in Spain will be done in Spain. For that part you will need to provide a valid spanish will. If you do not have it, your inherentance will have to go to an spanish Notary and sign a DeclaraciĆ³n de Herederos, Declaration of Heirs wich will cost them more than 3 times the cost of an spanish will.

3.     My solicitor says that with my will here I can cover my assest in Spain. It is that true? Not, the answer is appointed before.

4.     If  I sign an spanish will do I have to use the spanish law for my inheretance? Not, the European Law allow you to decide which law you want that applies to your inheretance either your asset´s law or your resident law.

5.     My solicitor here told me that he could assit me to draft my will which could be applied in Spain. Is that true? Not, in Spain we have an oficial registration of last will. All the wills that are not registered there are considered not valid here.

6.     My friend did her will with a friend of her who is bilingual in Spanish, and she  advised her how to do it.Is that enough? If you do not use an spanish registered lawyer you are taking a big risk of not being rightly advised and you could not ask for responsability to anyone.  Your lawyer in Spain will provide  the best legal advice for you taken into account all her previous experience and the knowledge of the inheretance regulations in full.  

7.     How much should I pay for my spanish will? It will depends of differents circunstances but usually the lawyer will charge you around 200€ included the Notary  Legal fee and the Lawyer legal fee. If you need extra translation you may have to pay that extra  service as well.  As you can see the cost  is so low compared with all the advantages that you get for your future heirs.

8.     My  mother died without spanish will, what do I do?  You will have to hire the service of  an inheretance lawyer in Spain and initiate the inheretance procedure  without will which could cost you more than if you had an spanish will.

9.     How much should I have to pay in taxes for the inheritance? Each case is different as it  will depends of many personal circunstances of the family. The best is to choose a qualified tax inheritance law registered at Spanish Bar Association. The lawyer will study your case and will provide the best solution for your case. But only  trust in a registered lawyer in Spain. Do not trust anyone who promise to save you money by rare system from outsides countries of Spain. You could end up paying so expensive the risk  for it and even loosing all your assets for it.



Remember to hire the service of a registered lawyer in Spain. Always request the registration number. Do not trust aynone who could not provide his or her number who may not be a lawyer. Do not take risk in so serious matter of your life.