However, individual circumstances have individual legal consequences. So, this is a matter that has to be carefully considered in each client case in dealing with Spanish Wills and estate planning- both from the Spanish and UK legal perspectives. This ensures that correct legal advice is given; and appropriate and secure legal documentation is signed.

To have clear, correct and individual advice on this point is important, to avoid anxiety and uncertainty when it comes to Spanish estate succession.

Perhaps as a consequence of this, many British owners of Spanish properties die each year, having made no Spanish Will. This can result in complex Spanish probate cases for legal practitioners. However, the mission of our team is to inform our contacts and clients during their lifetime as to the best solution in each individual case.

In the vast majority of cases, the best solution is that, during their lifetime, non- Spanish owners of Spanish properties should ensure that they make separate up to date Spanish Wills, to deal with their Spanish assets. The main benefits are:

• It avoids ambiguity as to which national succession law is to be followed. In many cases, this can present testators with greater discretion in terms of determining beneficial entitlement.
• It avoids protracted and potentially highly costly Spanish probate procedures.
• It provides opportunities for efficient tax planning.
• It enables clients to enjoy the protection and peace of mind of being able to use Spain’s excellent compulsory national Wills registry.

The quality of the professional service in provision of Spanish Wills is of paramount importance. We have identified the main features of our Spanish Will service which we consider to be of key importance to our clients:

• Our clients can be confident that our documents have been produced with both Spanish and English legal input and taxation analysis, which is absolutely essential when dealing with dual (or multi) jurisdictional estates.
• Our clients can be confident in the professional qualification, regulation and accountability of those responsible for advising and producing documentation.
• All our Spanish legal documentation includes at no extra charge, a professional translation into ‘real’ English (we only work with sworn translators, qualified and authorized by the Spanish Ministry of Foreign Affairs). It is obviously fundamental that the translation is completely accurate, to ensure that the testator fully understands what is being signed.
• We organise the whole Notarial process for our clients, providing our clients also with full guidance notes as to the signature process, as well as helpline advice, any time. So, the whole process is extremely straightforward and stress-free for our clients.
• Our proven track record of working alongside our extensive network of Notaries throughout Spain, ensures efficiency of process and confidence and convenience for the client.
• As our priority is to work with Notaries with an in-house bilingual facility, clients do not have to pay extra (as can otherwise commonly the case) for interpretation services at the signature appointment.
• All documentation is discussed and agreed at the client’s pace, to ensure that everything is carefully considered and thought through before documentation is finalized and ready for signature.
• From our extensive and broad ranging experience of Spanish probate cases, clients can be confident that all documentation is designed to ensure efficiency and ease of Notarial/ Registry acceptance in the event of Spanish probate.
• As we offer a full range of Spanish estate planning tools (without being tied or committed to any single product or process), clients can be confident of a truly independent and unbiased approach to Spanish estate planning; to find the best solution in each individual case.

Where the individuals concerned are European Union Citizens, there should not be discriminatory treatment on the grounds of residency/ non- residency.

A firm ruling is awaited from the European Commission, but pending that, the anomaly remains that (whether or not they are EU Citizens), Spanish resident inheritance cases are in practice generally subject to more ‘generous’ Spanish Succession Tax treatment.

We are monitoring the situation and will advise our clients and contacts as and when there are further developments in this regard.

It is equally important (if not, even more so) when choosing your Spanish legal adviser, that you make the same enquiries of your Spanish legal adviser, as you would make of professional advisers in your own country.

Due to the professional background of our team (see Our Team), these are matters which have always been extremely important to us.

Our professional body, to whom we are accountable in the UK, is The Society of Will Writers and Estate Planning Practitioners (www.willwriters.com). Also, the Spanish lawyers handling our Spanish legal cases are fully qualified and highly experienced in Spanish legal matters. They are accountable to; regulated by; and professionally insured through their own professional body in Spain (the Colegio de Abogados).

In addition to this, every single Spanish legal document we provide for execution in Spain is specifically approved by an authorising Notary- and in the case of Wills, also accepted by the Central Wills Registry in Madrid. As such, the level of accountability and professional protection afforded to our clients is second to none.

It is essential if you are not a Spanish national, but have assets in Spain, that
the legal advice you receive is from legal professionals, who are appropriately qualified and experienced in Spain. But equally importantly, your Spanish legal professionals must also have the necessary qualification and experience of such matters in your country of origin. Otherwise, it is impossible for you to be confident that your legal position and responsibilities in Spain are correctly “dovetailed” with your legal position and responsibilities in your country of origin. Getting it wrong by not having proper professional advice could end up being very costly for you and your family.

Also, it is important to note that before confirming instructions in any Spanish legal matter, you must be certain that you are completely clear about all applicable charges and costs; and further, you must ensure that any client monies will be securely held on your behalf, in a designated client account.

We are more than happy to give our clients the comfort they need on all these matters, as we are dedicated professionals, committed to 100% client satisfaction.