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Is a will essential for non residents ? - Page 2

Gloria68

Posted: Mon Oct 31, 2022 11:58am

Gloria68

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Posted: Mon Oct 31, 2022 11:58am

tebo53 wrote on Mon Oct 31, 2022 11:52am:

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 

Hi

Oh great thank you for your information, this is why this forum is a great idea, as hopefully someone will have dealt with similar situations.

Thank you

Jimmy Mack

Posted: Mon Oct 31, 2022 12:23pm

Jimmy Mack

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Posted: Mon Oct 31, 2022 12:23pm

Hi

When we bought our property in Spain 4 years ago, we were advised to have a Spanish will drawn up, which we did, my wife and I are on a non-residential basis in Spain. We had to stipulate who would be the executor of the Spanish will which was our older son who lives in Scotland and any other benefactors, all this information was written in Spanish on both our wills. 100% get a Spanish will drawn up as your UK will does not cover anything in Spain.

Kind Regards 

   Jim

Care4

Posted: Mon Oct 31, 2022 11:27pm

Care4

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Posted: Mon Oct 31, 2022 11:27pm

Jimmy Mack wrote on Mon Oct 31, 2022 12:23pm:

Hi

When we bought our property in Spain 4 years ago, we were advised to have a Spanish will drawn up, which we did, my wife and I are on a non-residential basis in Spain. We had to stipulate who would be the executor of the Spanish will which was our older son who lives in Scotland and any other ben...

...efactors, all this information was written in Spanish on both our wills. 100% get a Spanish will drawn up as your UK will does not cover anything in Spain.

Kind Regards 

   Jim

Jimmy Mack. There have been previouse posts on this forum about wills and Spanish property. I recall having read that upon approaching an abogado it was revealed that it was not necessary to have a have Spanish will for assests in Spain. All that was required was a will in your country of residence. This will would have to be duly signed and witnessed to be legal. It would also follow the rules of accession pertaining to your country of residence. Let me point out that I am not legally trained and therefore rely on the information previously provided.

Kenbo

Posted: Tue Nov 1, 2022 8:34am

Kenbo

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Posted: Tue Nov 1, 2022 8:34am

Care4 wrote on Mon Oct 31, 2022 11:27pm:

Jimmy Mack. There have been previouse posts on this forum about wills and Spanish property. I recall having read that upon approaching an abogado it was revealed that it was not necessary to have a have Spanish will for assests in Spain. All that was required was a will in your country of residen...

...ce. This will would have to be duly signed and witnessed to be legal. It would also follow the rules of accession pertaining to your country of residence. Let me point out that I am not legally trained and therefore rely on the information previously provided.

Yes Care4 I remember reading that too but it does make you wonder why anyone would rely solely on a UK will because when it was needed this would then have to be translated in to Spanish and then notarised which would cost more than having a Spanish will drawn up in the first place.

Ken

Jimmy Mack

Posted: Tue Nov 1, 2022 8:44am

Jimmy Mack

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Posted: Tue Nov 1, 2022 8:44am

Care4 wrote on Mon Oct 31, 2022 11:27pm:

Jimmy Mack. There have been previouse posts on this forum about wills and Spanish property. I recall having read that upon approaching an abogado it was revealed that it was not necessary to have a have Spanish will for assests in Spain. All that was required was a will in your country of residen...

...ce. This will would have to be duly signed and witnessed to be legal. It would also follow the rules of accession pertaining to your country of residence. Let me point out that I am not legally trained and therefore rely on the information previously provided.

I took advise from my lawyer in the UK as well and she stated that a will drawn up in Spain would be only legal in Spain conforming to the Spanish laws. The morale of the story as Ken stated, why would you not have a Spanish Will? Everybody to their own.

Kindest Regards 

  Jim

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Xata

Posted: Tue Nov 1, 2022 8:54am

Posts: 36

11 helpful points

Location: Denia

Joined: 16 Jul 2021

Posted: Tue Nov 1, 2022 8:54am

Hi the notary is in c.c pintor ruano Orba near the church. Very helpful people speak good eng

Ed979

Posted: Tue Nov 1, 2022 10:10am

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Posted: Tue Nov 1, 2022 10:10am

From memory Spain follows blood law & relatives would be allocated your asset dependant on the relationship. So if you have children they would automatically be “assigned” the asset on your death. Beneficiaries pay inheritance tax not the estate & you have 6 months to do that or apply for an extension. A NIE is required. It is possible to pre pay this tax through donating AND still have beneficial use of the asset in your lifetime. You are also given the choice of treatment for your asset - either treat under Spanish or English law. If English law you have a greater say in who benefits from your asset & it is the estate that is taxed not the individuals. Under English law you could make a lifetime gift of the asset & after 7 years (assuming you are still alive) there would be no inheritance tax on the asset. However there should be no ‘beneficial use’ of the asset by you in that period. You need to check all of the above as I haven’t check for changes post Brexit.

Care4

Posted: Tue Nov 1, 2022 2:04pm

Care4

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Posted: Tue Nov 1, 2022 2:04pm

Jimmy Mack wrote on Tue Nov 1, 2022 8:44am:

I took advise from my lawyer in the UK as well and she stated that a will drawn up in Spain would be only legal in Spain conforming to the Spanish laws. The morale of the story as Ken stated, why would you not have a Spanish Will? Everybody to their own.

Kindest Regards 

  Jim

Jimmy Mack, just for the record, I am neither for or against having a Spanish will, I was only alerting those reading the thread information which had previously been made available.

Sunshine for me

Posted: Wed Nov 2, 2022 10:28am

Sunshine for me

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Posted: Wed Nov 2, 2022 10:28am

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  

Million percent “YES”

Jan1961

Posted: Wed Nov 2, 2022 11:00am

Jan1961

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Posted: Wed Nov 2, 2022 11:00am

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 

Both my kids who live in the UK have NIE numbers to make life easier when I pass away here in Spain.  NIE available at the Spanish consulates in UK. Give them a ring to see what is needed to apply, I can’t remember. 

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