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current wills - Page 2

Robert K

Posted: Sun Nov 21, 2021 11:00am

Posts: 36

17 helpful points

Location: Campoamor

Joined: 11 Feb 2021

Posted: Sun Nov 21, 2021 11:00am

Gemily1 wrote on Sun Nov 21, 2021 10:19am:

Hi,

My wife and I just completed our wills here in Spain by going direct to the Notary in Almoradi, 

The will covers both English Law and Spanish Law so there is only the need to have one Will to cover both countries, the cost was just over €57 per person.

The company is Notario de Jose Carlos Perez Juan.

Email. [email protected]

Tel. +34 965701121.

This is a simple process you don’t need the middle man on this occasion, save money.

They Speak English and your will comes in both English and Spanish, highly recommended.

Don’t believe what you read in the press or anywhere else about requiring two wills, they are not legally qualified to make these claims do your research and speak to the appropriate qualified personal.

it may be cheaper in the short term and yes your one Will will cover assets in both UK and Spain .. however it will take longer and be more expensive to process because your Will will l have to be translated in to English

Good luck I used to be a Will writer !


Kimmy11

Posted: Sun Nov 21, 2021 11:38am

Kimmy11

Legendary helpful member

Posts: 6872

12569 helpful points

Joined: 8 Aug 2017

Posted: Sun Nov 21, 2021 11:38am

Gemily1 wrote on Sun Nov 21, 2021 10:39am:

I have assets in both countries England/Spain, and according to the Notario my will here covers both countries.

Regards Gemily.

The notary said that your Spanish will "covers both countries"?  So, if you have immovable assets in both countries, your worldwide assets are all subject to the forced heirship laws of Spain?  Are both you and your wife happy that, in the event of the death of one of you, your children inherit your property before the surviving spouse?  Having separate wills not only makes probate quicker and cheaper, it protects the assets in each country independently, according to the prevailing law of each country.

Kind regards,

Kim

Gemily1

Posted: Sun Nov 21, 2021 1:12pm

Gemily1

Very helpful member

Posts: 664

724 helpful points

Location: Torrevieja

Joined: 8 Nov 2019

Posted: Sun Nov 21, 2021 1:12pm

Robert K wrote on Sun Nov 21, 2021 11:00am:

it may be cheaper in the short term and yes your one Will will cover assets in both UK and Spain .. however it will take longer and be more expensive to process because your Will will l have to be translated in to English

Good luck I used to be a Will writer !


Please read my first post, I stated that the Spanish will is written in English and Spanish, so there will be no need to have it translated.

Gemily1

Posted: Sun Nov 21, 2021 1:20pm

Gemily1

Very helpful member

Posts: 664

724 helpful points

Location: Torrevieja

Joined: 8 Nov 2019

Posted: Sun Nov 21, 2021 1:20pm

Kimmy11 wrote on Sun Nov 21, 2021 11:38am:

The notary said that your Spanish will "covers both countries"?  So, if you have immovable assets in both countries, your worldwide assets are all subject to the forced heirship laws of Spain?  Are both you and your wife happy that, in the event of the death of one of you, your chi...

...ldren inherit your property before the surviving spouse?  Having separate wills not only makes probate quicker and cheaper, it protects the assets in each country independently, according to the prevailing law of each country.

Kind regards,

Kim

Maybe you’ve misinterpreted my post or I’ve not made it clear, my Spanish will covers English law and not the heirship of Spanish law.

 So I leave my wife everything here in Spain and the UK and any world assets she does the same to me, in the event that we both leave this world at the same time, everything is then left equally to our children. Therefore only one will each is required to cover all our worldwide assets.

And it’s written in English and Spanish so no need for it translating.

I hope that explains it. Gemily.

Kimmy11

Posted: Sun Nov 21, 2021 2:25pm

Kimmy11

Legendary helpful member

Posts: 6872

12569 helpful points

Joined: 8 Aug 2017

Posted: Sun Nov 21, 2021 2:25pm

Gemily1 wrote on Sun Nov 21, 2021 1:20pm:

Maybe you’ve misinterpreted my post or I’ve not made it clear, my Spanish will covers English law and not the heirship of Spanish law.

 So I leave my wife everything here in Spain and the UK and any world assets she does the same to me, in the event that we both leave this world at the same time, everything is then left equally to our children. Therefore only one will each is required to cover all our worldwide assets....

...

And it’s written in English and Spanish so no need for it translating.

I hope that explains it. Gemily.

Your original post said, "The will covers both English Law and Spanish Law".  I would have expected you to say that the will is written with English Law prevailing, not both - this is a little clearer from your later post.

Kind regards, 

Kim

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Gemily1

Posted: Sun Nov 21, 2021 4:55pm

Gemily1

Very helpful member

Posts: 664

724 helpful points

Location: Torrevieja

Joined: 8 Nov 2019

Posted: Sun Nov 21, 2021 4:55pm

Kimmy11 wrote on Sun Nov 21, 2021 2:25pm:

Your original post said, "The will covers both English Law and Spanish Law".  I would have expected you to say that the will is written with English Law prevailing, not both - this is a little clearer from your later post.

Kind regards, 

Kim

Yes my explanation should have been clearer but now it is, I hope everyone understands you only need one will but of course its down to the individuals if they wish to make two.

Regards Gemily1

Ampstar

Posted: Mon Nov 22, 2021 11:58am

Posts: 55

26 helpful points

Location: Torrevieja

Joined: 1 Jul 2019

Posted: Mon Nov 22, 2021 11:58am

I too have a will that was done by the same notary in Almoradi. All very straightforward, especially as I have no heir or wife.

Since I made it, I have liquidated all my assets in the UK (three bank accounts) and moved the funds to my Spanish accounts. Keeps things simple for me.

mellor7

Posted: Mon Nov 22, 2021 6:17pm

Posts: 60

29 helpful points

Location: Torrevieja

Joined: 13 Jun 2020

Posted: Mon Nov 22, 2021 6:17pm

Ampstar wrote on Mon Nov 22, 2021 11:58am:

I too have a will that was done by the same notary in Almoradi. All very straightforward, especially as I have no heir or wife.

Since I made it, I have liquidated all my assets in the UK (three bank accounts) and moved the funds to my Spanish accounts. Keeps things simple for me.

Hi Ampster, may I just ask if, the law of successions part in  your will says "British Law", or "English Law"? I made my Spanish Will with the same Notary last year, and mine says "British Law". I emailed them recently about the wording, but they assured me it was perfectly legal. 

Robert K

Posted: Mon Nov 22, 2021 6:34pm

Posts: 36

17 helpful points

Location: Campoamor

Joined: 11 Feb 2021

Posted: Mon Nov 22, 2021 6:34pm

Ampstar wrote on Mon Nov 22, 2021 11:58am:

I too have a will that was done by the same notary in Almoradi. All very straightforward, especially as I have no heir or wife.

Since I made it, I have liquidated all my assets in the UK (three bank accounts) and moved the funds to my Spanish accounts. Keeps things simple for me.

There is not a" British Law"  you can write a Last Will and Testament under the "Law of England and Wales"

 or under the "Law of Scotland " or under the Law of Northern Ireland "

Hope this helps

Rob

mellor7

Posted: Tue Nov 23, 2021 6:10pm

Posts: 60

29 helpful points

Location: Torrevieja

Joined: 13 Jun 2020

Posted: Tue Nov 23, 2021 6:10pm

Robert K wrote on Mon Nov 22, 2021 6:34pm:

There is not a" British Law"  you can write a Last Will and Testament under the "Law of England and Wales"

 or under the "Law of Scotland " or under the Law of Northern Ireland "

Hope this helps

Rob

Hi Rob, this is why I emailed the Notary in Almoradi. This is what they told me....   "Even though the inheritance laws differ between Scotland and England and Wales, when we state British Law, it then gets governed by the laws of wherever you are from in Britain. The EU Successions Law allows us to choose the law of our nationality, in your case, you hold a British Passport, so it is the British Law. Even though the laws in Britain differ slightly, it is the law of your nationality." They said they had received lots of questions about this recently, so there must be others with the same wording (?)

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