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Is a will essential for non residents ?

Posted: Sun Oct 30, 2022 4:56pm
29 replies1557 views17 members subscribed
quinto49

Posts: 19

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Joined: 8 Nov 2018

Hi All, I own a holiday home in Orba but am a non resident of spain. I wondered whether I should have a spanish will amd also if anybody could recommend a notary in orba where I could get this done.

Many thanks  

John123456

Posted: Sun Oct 30, 2022 5:22pm

John123456

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Joined: 27 Feb 2021

Posted: Sun Oct 30, 2022 5:22pm

If you own property or any other assets in Spain it would probably make sense to do so but I'm not an expert.

Here's a little light reading for you:

https://www.spanishsolutions.net/blog/newsletters/spanish-will/#:~:text=If%20you%20own%20property%2C%20have,to%20have%20a%20separate%20Will.

https://www.expatica.com/es/finance/money-management/planning-estates-and-wills-in-spain-136218/

Dlrsantapola

Posted: Sun Oct 30, 2022 6:54pm

Dlrsantapola

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Posted: Sun Oct 30, 2022 6:54pm

This post that was quoted has been deleted.

Quite clearly states they own a holiday home and and say they are non resident 

tebo53

Posted: Sun Oct 30, 2022 7:07pm

tebo53

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Posted: Sun Oct 30, 2022 7:07pm

This post that was quoted has been deleted.

There's a clue in the post title...........

Steve 

Gloria68

Posted: Sun Oct 30, 2022 9:15pm

Gloria68

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Posted: Sun Oct 30, 2022 9:15pm

quinto49 wrote on Sun Oct 30, 2022 4:56pm:

Hi All, I own a holiday home in Orba but am a non resident of spain. I wondered whether I should have a spanish will amd also if anybody could recommend a notary in orba where I could get this done.

Many thanks  

Hi

We bought a holiday home in 2004 and a will was done at the time ,I don't understand why no one as talked to you about. 

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Stevec61

Posted: Mon Oct 31, 2022 9:41am

Stevec61

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Posted: Mon Oct 31, 2022 9:41am

This post that was quoted has been deleted.

Let’s just take an educated assumption here, until the OP confirms.

1 - the OP is a non-resident of Spain, and raising a simple question on this forum

2 - They have asked whether they need a “Spanish” will - nothing else?

3 - Let’s assume that, like the majority of members on this forum , they are either British or Irish - I also recognise that other nationalities are included, so apologise in advance for the generalisation here if it offends others…

4 - As in 1 above - do they need, or is it advisable, to make a Spanish will?

It’s something that I would like to find out too, as we have no Spanish will in place, but do have a UK one where all our assets are automatically passed on to our 2 x grown-up children. We are non-residents of Spain, and have a holiday home in Playa Flamenca

Would this be classed as an asset in Spain, and not to be included on a UK will? If so, would it be beneficial to have an additional will raised in Spain to ensure our Spanish assets are handed down to whoever we want them to go to, with minimal authority involvement?

Would welcome any advice from those who have been or are in, a similar position to us

Many thanks, look forward to any helpful replies 👍

tebo53

Posted: Mon Oct 31, 2022 10:18am

tebo53

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Posted: Mon Oct 31, 2022 10:18am

Stevec61 wrote on Mon Oct 31, 2022 9:41am:

Let’s just take an educated assumption here, until the OP confirms.

1 - the OP is a non-resident of Spain, and raising a simple question on this forum

2 - They have asked whether they need a “Spanish” will - nothing else?

3 - Let’s assume that, like the majority of members on this forum , they are either British or Irish - I also recognise that other nationalities are included, so apologise in advance for the generalisation here if it offends others…

4 - As in 1 above - do they need, or is it advisable, to make a Spanish will?

It’s something that I would like to find out too, as we have no Spanish will in place, but do have a UK one where all our assets are automatically passed on to our 2 x grown-up children. We are non-residents of Spain, and have a holiday home in Playa Flamenca

Would this be classed as an asset in Spain, and not to be included on a UK will? If so, would it be beneficial to have an additional will raised in Spain to ensure our Spanish assets are handed down to whoever we want them to go to, with minimal authority involvement?

Would welcome any advice from those who have been or are in, a similar position to us

Many thanks, look forward to any helpful replies 👍

Hi,

I can't really understand what the issue is here. There is no problem having a Spanish will whatever nationality you are. Spanish wills are not that expensive to overly worry about. If you own property in Spain then, in my opinion, it should be included in a will otherwise the Spanish government may make claim.....

However, the person/people you are leaving your property to will need to have an NIE number to make claim to the items you are leaving to them.

Steve 

Stevec61

Posted: Mon Oct 31, 2022 10:31am

Stevec61

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Posted: Mon Oct 31, 2022 10:31am

tebo53 wrote on Mon Oct 31, 2022 10:18am:

Hi,

I can't really understand what the issue is here. There is no problem having a Spanish will whatever nationality you are. Spanish wills are not that expensive to overly worry about. If you own property in Spain then, in my opinion, it should be included in a will otherwise the Spanish government ...

...may make claim.....

However, the person/people you are leaving your property to will need to have an NIE number to make claim to the items you are leaving to them.

Steve 

Thanks Steve

The last line of your comment stating

 "the person/people you are leaving your property to will need to have an NIE number to make claim to the items you are leaving to them" 

will be of particular significance to many, myself included, as neither my son nor daughter have an NIE number !

I am going to get a Will produced, to alleviate problems such as what you have stated above - as I wouldnt want the Spanish Government making any claims.....

Gloria68

Posted: Mon Oct 31, 2022 10:40am

Gloria68

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107 helpful points

Location: Torrevieja

Joined: 7 Oct 2020

Posted: Mon Oct 31, 2022 10:40am

Stevec61 wrote on Mon Oct 31, 2022 10:31am:

Thanks Steve

The last line of your comment stating

 "the person/people you are leaving your property to will need to have an NIE number to make claim to the items you are leaving to them" 

will be of particular significance to many, myself included, as neither my son nor daughter have an NIE number !

I am going to get a Will produced, to alleviate problems such as what you have stated above - as I wouldnt want the Spanish Government making any claims.....

Hi

We have a will with our property since 2004 when we bought the property but htis about family need NIE numbers how would they go about that as they don't own a property of live in Spain

tebo53

Posted: Mon Oct 31, 2022 11:52am

tebo53

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Posts: 4819

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Joined: 29 May 2018

Posted: Mon Oct 31, 2022 11:52am

Gloria68 wrote on Mon Oct 31, 2022 10:40am:

Hi

We have a will with our property since 2004 when we bought the property but htis about family need NIE numbers how would they go about that as they don't own a property of live in Spain

When my mother was very ill some years ago she wanted to leave me an inheritance. I was told then that I needed an NIE to claim. This was 15 years ago and I was still living in the UK with no property ownership in Spain. 

I got my NIE Number through a company that specialises in those things. Now you can apply to the Spanish consulate in the UK and having specific reasons you can simply ask to be given a NIE number.

Steve 

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