Spanish wills - Do we need them?

If neither of you have living parents or children, then under Spanish intestacy law the survivor of you both would inherit. However, I'm pretty sure that the survivor would incur costs in processing an intestacy claim that would be in excess of getting a notary to prepare a joint will.

I have been told also that on the death of a partner you as the surviving part of the couple do not have automatic access to any joint accounts, they are frozen until probate is granted which will be far simpler if you have a Spanish will in place.

Thanks Jim

Appreciate the advice

Darrel

Thanks Andrew

Appreciate the advice

It would be sensible to have a Spanish will  & you should state that it is being drawn up under the regulation of your home country(Britain),unless of course you prefer the rules of Spain.It is much more regulated here than in UK as it will then be held in the registry in Madrid after being signed off by a Notario.So no chance of it getting lost or destroyed.There are lots of offices who will do the whole process for you,you only have to state your wishes & turn up at the Notary on a given date.He will state that he is Spanish but abiding by your wishes & that it is being described to you in your own language.Over the years I have made new wills from time to time but this business of stating your country is fairly new,came about because of the ,now,large number of different nationalities living in Spain all with differences in this regard.Strangely,I thought, I was able to include what I wanted to do with my assets in Gibraltar.But to make sure,I am having a will made out there too, maybe I'm just an old cynic who is double checking!

It actually came about by an EU regulation (650-2012), so is pan-European.

I've not seen any relevant mention in the Brexit briefing notes, and just hope that the regulation continues to be applicable to us post-Brexit.

Simple answer - YES

UK assets = UK Will

Spanish assets = Spanish Will

Iv just made a Will in Spain cost 260 euro. I was told because I'm British I can leave my property to who ever I desire. Apparently Spanish can only leave to their children or parents. 

I bought my property from a lady recently widowed and she had to remove her husbands name off the deeds to sell the property which cost a few thousand Euro. 

Quite right,Pam.My granddaughter is Spanish & will inherit from her relatives,same in France & other countries.This is why British buyers of some properties find difficulties when purchasing,often,an old house that has been passed down.It can have a number of names on the escritura & they all have to sign approval of the sale.