Why is just an English Will not enough?

English Wills generally include provisions which are incompatible with the Spanish law and practice of succession. To have a Spanish Asset Will substantially reduces the risk of high costs and long delays in the inheritance process. Having a Spanish Asset Will also provides certainty that those you wish to inherit your assets actually do inherit.

If I have two Wills, will there not be a conflict?

To avoid the risk of conflict, it is essential that each of the two Wills respects the existence of the other. In a correctly drafted will set, the Spanish Asset Will deals exclusively with the Spanish assets in isolation from the rest of the testator’s estate. This eliminates the risk of conflict and incompatibility.

Under Spanish law am I unable to leave my assets to my spouse?

Spanish Succession law provides for a system of forced heirship, which tends to favour children in priority to the surviving spouse. This is at odds with most married English testators who wish for their surviving spouse to inherit their estate. There is a common misconception that non-Spanish owners of Spanish property are also subject to this regime. However, this is not necessarily the case. Correctly drafted Spanish asset wills enable non- Spanish testators to have the same testamentary freedom as they would have in respect of assets in their home country.

How long does it take to make a Spanish Will?

There is no reason why making a will should be a lengthy process. Although it is preferable to have a little more time, we often receive instructions from clients who are about to visit Spain and wish to have their will settled and signed before their local Notary in a matter of a few days. We use standard instruction forms and can respond quickly to any client communication. Further, we have access to and regular contact with Notaries throughout Spain, so we can settle wills and arrange signature appointments anywhere in Spain for our clients as quickly as necessary, in order to meet the client’s desired timetable.

What is the procedure for making a Spanish asset will?
Initially, we provide our clients with general advice and then take detailed instructions (or if preferred, clients can fill in a standard instruction form and e mail it to us). Then we have the draft Will prepared to accord with the clients’ wishes and instructions. The draft Will (in double column format- Spanish and English) is then sent to the client for approval. Once the Will is agreed with the client, we settle it directly on the client’s behalf with the most conveniently located Notary for the client. Once the Will is settled with the Notary, we arrange for a signature appointment with the Notary at the Notary’s convenience- full attestation guidance notes are provided; and our service includes our availability to deal with any queries. Once the Will has been signed, the client receives a “copia simple” of it for their own records. Part of the Notarial service is for the Will to be registered at the Central Wills registry in Madrid and then the original Will is compulsorily securely stored in the Notary’s storage facility.

How will I understand my Spanish Will?
Your Spanish Asset Will is a Spanish language document. If you are not a fluent Spanish speaker, it is essential that you have the highest quality translation possible of the document into English. All our Spanish Asset Wills are provided in double column - dual language format. The English translation of our documents combines the input of our officially authorized translator (by the Spanish Ministry of Foreign affairs) as well as bi-lingual Spanish and English legal input. These are the necessary elements to ensure that you have an easily understandable and technically correct English translation of your Spanish Asset Will.

What information do I need to provide to make a Spanish Will?
In order to make a Spanish Asset Will, it is necessary to include more extensive personal identification and family and relationship history than in an English Will, for example. However, through extensive experience, we are able quickly to identify in each case precisely what information is required, to ensure that the instruction taking process is as quick and uncomplicated as possible for our clients.

Is it expensive to make a Spanish Will?
The Spanish Asset Will making process for non- Spanish individuals involves considerable professional time input and both Spanish and English legal input. However, without in any way cutting corners or detracting from our personalised service, from our established professional relationships and efficient document production processes, we are able to keep our prices at a surprisingly affordable level. Furthermore, we always agree a fixed fee at the outset of the case.

Where do I sign my Spanish Will?
Unlike English Wills, Spanish Asset Wills have to be signed before a Notary. As part of our service in each case, we settle the text of the Will with a conveniently situated Notary for each client and make arrangements for a convenient signature appointment.

What if I lose my Spanish Will?
As part of the Notarial process of the execution of the Will, it is registered at the Central Wills Registry in Madrid. The original will is securely stored in the certifying Notary’s storage facility. The testator receives an official “copia simple”. As the Will is an officially registered document, it does not matter if the testator’s copy is lost.

How do I alter my Spanish Will?
In order to make any change to an existing Spanish Asset Will, it is necessary to execute a fresh Will. However, we offer loyalty discounts to returning clients who require amendments to their estate documentation to cater for changes of circumstances or testamentary intentions.

What should I do after making my Spanish Will?
One of the major reasons for delays in Spanish probate is beneficiaries being without an N.I.E. number. It is essential for every beneficiary to have an N.I.E. before they can inherit. The process of obtaining an N.I.E. is straightforward and economical. However, especially if the application is made outside Spain, it can take up to 6 months for the N.I.E. to come through. It is therefore recommended that testators encourage their intended beneficiaries to apply for their N.I.E.’s during their lifetime, to avoid unnecessary delays in probate, Also, it is recommended that testators retain expired passports, in view of references to them in Spanish Wills.

How can I save tax in my Spanish Will?
If you see our Spanish Succession tax mitigation tips, you will be able to find out more about the options available.

What should I do in the event of a death?
LEGAL4Spain can deal specifically with this area. We provide comprehensive probate services to executors and beneficiaries in these circumstances.