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When you own a property in Spain you have to have a will otherwise Spain will claim the house. When the house has a will and gets passed to family the house then has to be re regerstered to the family and tax paid.
many thanks for all the helpful replies. On balance I think it would be wise to get a will written and so will do so when i next get to spain.
john
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
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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 👍
If you have a will in the uk you should have one done in Spain and should be exactly the same conte
Posted: Fri Nov 4, 2022 7:49am
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 ...
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...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
My ex now in Essex is pushing me to write a will in Spain , do I have to leave all too my family who if receive a sum may spend it seriously but one will go & buy a flashy car .I'm fond of my family but subdivision will be an argued point. I'm tempted to leave it all to my long term Spanish companion MariCarmen ,can they contest that?
Simon Sadler wrote on Fri Nov 4, 2022 7:49am:
My ex now in Essex is pushing me to write a will in Spain , do I have to leave all too my family who if receive a sum may spend it seriously but one will go & buy a flashy car .I'm fond of my family but subdivision will be an argued point. I'm tempted to leave it...
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... all to my long term Spanish companion MariCarmen ,can they contest that?
I'm sure you can leave your assets to who ever you name. My husband has a family and doesn't want them included in our will so we were told to name the people in it
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Llorca, Anna and the team will help. If you don't as yet, Beth will also sort your tax return out, just take your deeds and a recent Suma bill.
Posted: Sun Nov 6, 2022 1:04pm
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....
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...
Steve
Thank you Steve your very knowledgeable, and an ambassador for this site, very helpful indeed
Posted: Thu Nov 10, 2022 8:44am
Personal choice but makes sense if you have spanish assets and will save money in the long term. Cost should be no more than around €200 for spanish home owner. Make sure your Spanish will doesn't override your UK will and lodge a copy with your English will with your solicitor.
Posted: Sun Nov 13, 2022 12:08pm
Very helpful member
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
Read more...
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 👍
Not being a legal expert but as far as I know your English will will not cover your assents in Spain, due to the Spanish succession law which means possessions go to family members wether you want them to or not and maybe not who you want to leave it . So you must do a Spanish will and ask to include British law, you can then decide who gets what, I did this earlier in the year and as I remember it was about 70 euros each and was done by a notary in Los Montisenos. I’m away from home at the moment so can’t give a name, but it was easy, they send you a form on line you fill it in with what assets you’d like to leave and to whom, they make the legal document out both in Spanish and English and then you attend to sign said document.
Hope it helps.
We did ours a year ago. We used Anna at Llorca in the village, then to the Town Hall in the village, then to the Notery in the village. Then Beth informed us we need to pay tax on an Annual basis, based on our Suma Bill. Luckely there was no back tax to pay, no one had mensioned Tax before on our property. Any way as indicated all done & up to date......
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