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We had a will drawn up by a solicitor in Gran Alacant several years ago. My husband has since died. I was told that it wasn't necessary to make another will. I would prefer to deal with a different solicitor. Can I use the existing will, or should I simply have another will drawn up using a different solicitor.
Don't use any solicitor as they are very expensive.. Simply go to a gestor who will have templates for your requirements and will cost about a third of what a solicitor does.
Without knowing what you have in your previous will then it would be impossible to say if you could simply use that one. If it's simply leaving things to each other and then your heirs then it would probably suffice but other things would depend on what your needs are.
Sorry for the loss of your husband, it's a trying time ever especially when dealing with systems you aren't familiar with. There's also Thy Will Be Done on here who could give you advice on the way forward but a gestor will have the answers for you.
Posted: Sat Jul 25, 2026 3:59pm
Helpful member
I'm surprised that you refer to 'a' will, as this is the first time that I've heard of a joint Spanish will.
I think it would be sensible to make a new will.
Unless there are going to be complications in that, like setting up a trust for children, then skip the middle men and go direct to a notary. Mine in Almoradí charges less than €60 and it's all done by email apart from a personal visit to sign the will:
Posted: Sat Jul 25, 2026 4:27pm
Feenix1950 wrote on Sat Jul 25, 2026 3:59pm:
I'm surprised that you refer to 'a' will, as this is the first time that I've heard of a joint Spanish will.
I think it would be sensible to make a new will.
Read more...
Unless there are going to be complications in that, like setting up a trust for children, then skip the middle men and go direct to a notary. Mine in Almoradí charges less than €60 and it's all done by email apart from a personal visit to sign the will:
We made a will leaving everything to eachother and upon our demise, the property would go to my son. My husband died and I enquired at the time, whether I should make another will. I was told this wouldn't be necessary. However, I'm less comfortable with that advice and will make another will when I return to Spain in September. Thank you for your input.
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Posted: Sun Jul 26, 2026 7:49am
Helpful member
Hi Joyce,
Our sincere condolences on the loss of your husband.
Thank you to Marcliff as always for the recommendation.
In terms of the requirement to make a new Will that is entirely dependent upon that which your existing Will contains and also, your own personal preference to a large degree, as you do not wish to deal with the original solicitors going forwards.
If you have elected the solicitor as the executor within your Will, then definitely it requires a new one to be drafted.
If any beneficiaries are to change in any way then the answer is similarly yes.
If it does not have an EU succession clause 650/2012 within it stating that the law of England and Wales should govern the succession of your estate, then we would recommend a new Will also.
Other than that, there would be no legal reason in itself to change, however, as with many of these things, your own emotions towards it may determine that for peace of mind you simply construct a new one.
Given that many beneficiaries of Expat Wills are not Spanish speaking, a lot of our clients elect ourselves as their executors within their Spanish Will so we can liaise with them in English through our UK office and with the Spanish authorities and legal institutions in Spanish on their behalf when the time comes.
You can arrange a convenient time for a free consultation by calling us on 865 756 058 Monday to Thursday 9-4 and Fridays 9-1 (except red days).
Kind regards
Paul
Find out more about Thy Will Be Done - a paid advertiser on this website.
Posted: Sun Jul 26, 2026 10:03am
Thy Will Be Done wrote on Sun Jul 26, 2026 7:49am:
Hi Joyce,
Our sincere condolences on the loss of your husband.
Read more...
Thank you to Marcliff as always for the recommendation.
In terms of the requirement to make a new Will that is entirely dependent upon that which your existing Will contains and also, your own personal preference to a large degree, as you do not wish to deal with the original solicitors going forwards.
If you have elected the solicitor as the executor within your Will, then definitely it requires a new one to be drafted.
If any beneficiaries are to change in any way then the answer is similarly yes.
If it does not have an EU succession clause 650/2012 within it stating that the law of England and Wales should govern the succession of your estate, then we would recommend a new Will also.
Other than that, there would be no legal reason in itself to change, however, as with many of these things, your own emotions towards it may determine that for peace of mind you simply construct a new one.
Given that many beneficiaries of Expat Wills are not Spanish speaking, a lot of our clients elect ourselves as their executors within their Spanish Will so we can liaise with them in English through our UK office and with the Spanish authorities and legal institutions in Spanish on their behalf when the time comes.
You can arrange a convenient time for a free consultation by calling us on 865 756 058 Monday to Thursday 9-4 and Fridays 9-1 (except red days).
Kind regards
Paul
Thank you for clarifying this for me. I will be returning to Spain in September and I intend to construct a new will. I will call you at that point. Kind regards
Posted: Sun Jul 26, 2026 10:17am
Helpful member
Joyce 73 wrote on Sun Jul 26, 2026 10:03am:
Thank you for clarifying this for me. I will be returning to Spain in September and I intend to construct a new will. I will call you at that point. Kind regards
We look forward to meeting you then Joyce.
Best
Paul
Find out more about Thy Will Be Done - a paid advertiser on this website.
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