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When to make a Spanish will?

Posted: Tue Dec 29, 2020 6:38pm
3 replies188 views3 members subscribed
Laurian

Posts: 67

21 helpful points

Location: Orihuela Costa

Joined: 21 Jul 2020

How soon is it advisable to make a Spanish Will? 

On gaining Residence/TIE? (I don't yet own a property here.)

On becoming a fiscal resident?

And, may I use a Notary rather than a lawyer? Any recommendations for Cabo Roig area?

Thanks in advance,  :)

DavenJules

Posted: Tue Dec 29, 2020 7:13pm

DavenJules

Helpful member

Posts: 328

179 helpful points

Location: Monóvar

Joined: 1 Dec 2019

Posted: Tue Dec 29, 2020 7:13pm

Laurian wrote on Tue Dec 29, 2020 6:38pm:

How soon is it advisable to make a Spanish Will? 

On gaining Residence/TIE? (I don't yet own a property here.)

On becoming a fiscal resident?

And, may I use a Notary rather than a lawyer? Any recommendations for Cabo Roig area?

Thanks in advance,  :)

Laurian, don't trust this as an authority, just an experience. 

When there are assets in Spain (so you don't have such as yet unless you have a Spanish bank account), it would be wise to cover those off with the will as the normal legal provisions may be contrary to what you would expect, or desire. Jim's guide covered this in a better format and he is now over on https://www.guidebookspain.com/..well worth a read. It is free.

The principle is that your Spanish will covers your 'estate' in Spain and that is it. Your UK one will cover the UK. They do co-exist. There could be more complex structures but they never appealed to us, preferring a clean definition.

We all need to amend the UK will to say that it is NOT the last will and testament, indicating that the Spanish one exists.

Hope this helps. Post anything you find, there will be a following ;-)

Cheers,

D&J

killjoy

Posted: Wed Dec 30, 2020 9:23am

killjoy

Super helpful member

Posts: 3230

1852 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Wed Dec 30, 2020 9:23am

A lawyer would mean extra and unne cessary costs, Go directly to any notary public and set up a what I call "general will" w/o going into details such as grandmas old wall clock and uncle Benny's used knickerbockers. That will will be deposited in a General Rgister and cannot be questioned.

Laurian

Posted: Sat Jan 2, 2021 4:23pm

Laurian

Original Poster

Posts: 67

21 helpful points

Location: Orihuela Costa

Joined: 21 Jul 2020

Posted: Sat Jan 2, 2021 4:23pm

Thank you both for your responses. 

I have contacted the notary mentioned in 'Jim's Guide'.

Better sorted than sorry!

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