FAQS

WILLS FAQs

 

Why should Spanish assets not be included in an English Will?

 

English Wills usually include provisions that are incompatible with Spanish law and inheritance procedures

Spanish Wills substantially reduce the risk of high costs and long delays in the Spanish inheritance process.

Spanish Wills also provide certainty that those who are intended to inherit Spanish assets, can inherit.

 

If I have separate Wills for England and Spain,

will there not be a conflict?

 

In our Spanish Wills, we avoid the risk of conflict by the inclusion of appropriate wording. The Spanish

Will deals exclusively with Spanish assets, (in isolation from assets outside Spain), to eliminate the risk

of incompatibility.

 

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

 

Spanish Succession law includes forced heirship, which tends to favour children in priority to a surviving spouse. This is contrary to the wishes of many non-Spanish individuals. Correctly drafted Spanish Wills enable non- Spanish nationals to elect the same freedom of choice of beneficiaries as they would have in their home country.

 

How long does it take to make a Spanish Will?

 

A Spanish Will can be made very quickly.

 

It is always important to allow sufficient time, to consider carefully any legal documentation before signing it, so it is fully understood. But in many cases clients instruct us, then wish to have their Spanish Will settled and signed in a matter of a few days. That is usually achievable.

 

We use standard instruction forms to make the process quick and easy; and we can respond quickly to any client communication.

 

We also have rapid access to and regular contact with Notaries throughout Spain and the UK (and beyond), so we can settle Spanish Wills and arrange Notarial signature appointments very quickly, in order to meet the client’s timing requirements.

 

What is the procedure for making a Spanish Will?

 

Initially, we provide general advice and then take detailed instructions (or if preferred, clients can fill in a standard instruction form and email it to us).

 

The draft Will is then prepared to accord with the client’s 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, it is settled directly with the most conveniently located Notary for

the client.

 

Once the Will is settled with the Notary, a signature appointment is arranged with the Notary at the client’s convenience- full signature guidance notes are provided; and our service includes our availability to deal with any queries.

 

Once the Will has been signed, the client receives an official copy for their own records.

 

The Will is then registered at the Central Wills Registry in Madrid.

 

How will I understand my Spanish Will?

 

A Spanish Will is a Spanish language document. But all our Spanish legal documents are provided in double column–dual language format.

 

The English translation is authorised by our professional translator (regulated by the Spanish Ministry of Foreign affairs), as well as including bi-lingual Spanish and English legal input.

 

These are the necessary elements to ensure that our clients always have an easily understandable and technically correct English translation of our Spanish Wills.

 

What information do I need to provide to make a Spanish Will?

 

Spanish Wills include detailed personal identification and family and relationship history.

 

But through our extensive experience, we are quickly able to identify in each case, precisely what information is required, to ensure that the instruction taking process is as rapid and uncomplicated as possible for our clients.

 

Is it expensive to make a Spanish Will?

 

We always agree a fixed fee at the outset of a case. However, the Spanish Will making process is professionally time consuming, as there is significant legal input required and there are detailed procedures to follow.

 

Without jeopardizing our high quality personalised service, or our efficient processes, we maintain our prices at a surprisingly affordable level.

 

Where do I sign my Spanish Will?

 

Unlike English Wills, Spanish Asset Wills have to be signed before a Notary. We include within our service, the settlement of the signature arrangements with the Notary at the client’s convenience. This can be within Spain or in the signatory's home country.

 

What if I lose my Spanish Will?

 

Spanish Wills are registered at the Central Wills Registry in Madrid. The original Will is securely stored in the certifying Notary’s storage facility. The signatory receives an official copy of the Will. As an officially registered document, in most cases, it is unimportant if the official copy of the Will is mislaid.

 

How do I alter my Spanish Will?

 

To change an existing Spanish Will, a fresh Will has to be made. We offer loyalty discounts to returning clients for changes to their estate documentation due to changes of circumstances or testamentary wishes.

 

What should I do after making my Spanish Will?

 

Every beneficiary must have a Spanish fiscal (N.I.E.) number before they can inherit; and Spanish probate is often delayed by beneficiaries not having an NIE. So, it is advisable for future beneficiaries to obtain NIE’s in advance. Also, testators should retain expired passports, in view of references to them in Spanish Wills.

 

How can I save tax in my Spanish Will?

 

In our Spanish Succession Tax mitigation tips, you will be able to find out more about this.

 

What should I do in the event of a death?

 

Our team can deal with the legal aspects. We provide comprehensive probate services to executors and beneficiaries.

 

 

We will be happy to answer any questions you may have; and to provide a fixed fee quotation. Please contact us now on contact@legal4spain.com.

 

Contact us:

Email: contact@legal4spain.com

Call us in the UK: 01442 78 1166

Call us from Spain: (+34) 911 235 333

 

Legal 4 Spain is a trading name of L4S Legal Services Limited. Registered in England and Wales. Company Number 08126536

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