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WILL Advice wanted

Posted: Mon Jul 24, 2023 10:34am
9 replies232 views4 members subscribed
Dylans07

Posts: 42

4 helpful points

Location: Torrevieja

Joined: 10 Mar 2023

Hi all, 

I have recently bought a property in torrevieja, I hear the Spanish law states that if no will is present it goes to my children? I want to leave equal shares to my children and girlfriend. Would anyone have any advice or someone who can advise on a Spanish will to cover this .


thanks 

marcliff

Posted: Mon Jul 24, 2023 10:49am

marcliff

Legendary helpful member

Posts: 1739

2092 helpful points

Location: Rojales

Joined: 5 Jan 2023

Posted: Mon Jul 24, 2023 10:49am

Any notary will have examples of wills which can be modified. Usually a reasonable price. Ensure you have a line that says something along the lines of you want the will to be dealt with according to the rules in your home country or it will be dealt with under Spanish law which allots it to spouse and children in equal shares.

Dylans07

Posted: Mon Jul 24, 2023 10:53am

Dylans07

Original Poster

Posts: 42

4 helpful points

Location: Torrevieja

Joined: 10 Mar 2023

Posted: Mon Jul 24, 2023 10:53am

marcliff wrote on Mon Jul 24, 2023 10:49am:

Any notary will have examples of wills which can be modified. Usually a reasonable price. Ensure you have a line that says something along the lines of you want the will to be dealt with according to the rules in your home country or it will be dealt with under Spanish law which allots it to spou...

...se and children in equal shares.

Hi thanks for the reply, I want it in equal shares to my children and partner, can you recommend someone in Torrevieja who may be able to assist in producing the will . 

marcliff

Posted: Mon Jul 24, 2023 11:25am

marcliff

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Posts: 1739

2092 helpful points

Location: Rojales

Joined: 5 Jan 2023

Posted: Mon Jul 24, 2023 11:25am

Dylans07 wrote on Mon Jul 24, 2023 10:53am:

Hi thanks for the reply, I want it in equal shares to my children and partner, can you recommend someone in Torrevieja who may be able to assist in producing the will . 

Several notaries in Calle Ramon Galud up from the main church would be able to do it. Solicitors would charge about treble the cost of a notary. 

Darro

Posted: Mon Jul 24, 2023 12:14pm

Darro

Super helpful member

Posts: 1500

1306 helpful points

Location: Catral

Joined: 8 Sep 2021

Posted: Mon Jul 24, 2023 12:14pm

Don't know but I suspect if your girlfriend is just that with no Spanish recognised legal attachment to you you may have difficulty in naming her as a heir and your children will take preference.

Interesting one to watch so do let us know how you get on.

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marcliff

Posted: Mon Jul 24, 2023 12:32pm

marcliff

Legendary helpful member

Posts: 1739

2092 helpful points

Location: Rojales

Joined: 5 Jan 2023

Posted: Mon Jul 24, 2023 12:32pm

Darro wrote on Mon Jul 24, 2023 12:14pm:

Don't know but I suspect if your girlfriend is just that with no Spanish recognised legal attachment to you you may have difficulty in naming her as a heir and your children will take preference.

Interesting one to watch so do let us know how you get on.

My will has a sentence "According to the provisions of article 22 of the European Parliament and Council no. 650/2012 of July 4 2012, the testator wishes that his estate is governed by the laws of his own nationality.

To this effect, the testator declares that he is closely bound to the United Kingdom and it is therefore expressly declared by him that the law of his own nationality to govern his successors in Spain".

The notary says that means we can leave our assets to anyone we name whether a relative or not and is not covered by Spanish succession laws.

Mags03169

Posted: Tue Jul 25, 2023 1:05am

Mags03169

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Posts: 292

211 helpful points

Location: Algorfa

Joined: 7 Feb 2020

Posted: Tue Jul 25, 2023 1:05am

We did ours recently ( Spanish and English) with Thy Will Be Done in Quesada stipulating our wishes to be in accordance with English law . I doubt they’re the cheapest, but Paul the owner of the company explained everything slowly and clearly to make absolutely sure we understood what was going into our wills. You can find them on the he internet or Facebook.

Mrmike

Posted: Mon Jul 31, 2023 8:54am

Mrmike

Helpful member

Posts: 563

271 helpful points

Location: Torrevieja

Joined: 6 Dec 2019

Posted: Mon Jul 31, 2023 8:54am

We made Spanish wills For our Spanish assets in accordance with the laws of England and Wales for me and for my wife (Italian) the Laws of Italy. (Jim's recomended notaries in Almoradi, 57 E each).

Under English law you can leave anything to anyone as far as I know. 

For my UK  Assets I used Paul in Quesada.

M

Dylans07

Posted: Mon Jul 31, 2023 10:20pm

Dylans07

Original Poster

Posts: 42

4 helpful points

Location: Torrevieja

Joined: 10 Mar 2023

Posted: Mon Jul 31, 2023 10:20pm

Mrmike wrote on Mon Jul 31, 2023 8:54am:

We made Spanish wills For our Spanish assets in accordance with the laws of England and Wales for me and for my wife (Italian) the Laws of Italy. (Jim's recomended notaries in Almoradi, 57 E each).

Under English law you can leave anything to anyone as far as I know. 

For my UK  Assets I used Paul in Quesada.

M

Hi thanks, 

I am all done in uk just heard that I need something in place in Spain to make things easy with property 


so they are based in almorada?  Do you have name or details please ? 

Mrmike

Posted: Mon Jul 31, 2023 11:28pm

Mrmike

Helpful member

Posts: 563

271 helpful points

Location: Torrevieja

Joined: 6 Dec 2019

Posted: Mon Jul 31, 2023 11:28pm

Dylans07 wrote on Mon Jul 31, 2023 10:20pm:

Hi thanks, 

I am all done in uk just heard that I need something in place in Spain to make things easy with property 


so they are based in almorada?  Do you have name or details please ? 

Here tis, We used them about 10 months ago for our Spanish assets.

Notary Juan Perez

www.notariaperezjuan.es

Avda. Príncipe de España, 2, 2º

03160-Almoradí (Alicante)

Tel. 96 570 11 21.

Cheers

M

BTW parking is easy near the office.

www.notariaperezjuan.es

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