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Are wills UK different from spain

Posted: Fri Nov 29, 2019 2:33pm
9 replies291 views5 members subscribed
tracey60

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Joined: 11 Nov 2019

Wills .UK Spanish UK 

DarioMartin

Posted: Fri Nov 29, 2019 8:05pm

DarioMartin

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Posted: Fri Nov 29, 2019 8:05pm

My understanding is that Spanish law is an utter nightmare and you really need a Spanish will, registered with a solicitor in Spain, in Spanish to save family much heartache and headaches

Jacksie

Posted: Fri Nov 29, 2019 9:54pm

Jacksie

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Posted: Fri Nov 29, 2019 9:54pm

We have separate wills in the UK and in Spain as Dario says Spanish law is a nightmare and you cannot cover your Spanish property under a UK will

The Oakleys

Posted: Sat Nov 30, 2019 11:26am

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Posted: Sat Nov 30, 2019 11:26am

My understanding is that unless you stated in your Spanish will that you wanted it carried out under UK law before August 2015, you have to follow Spanish (Napoleonic) inheritance law - same as French system.

DeeHenry

Posted: Mon Dec 2, 2019 6:17pm

DeeHenry

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Posted: Mon Dec 2, 2019 6:17pm

Not a nightmare at all, it's very simple if you think about it and do as you are told by a solicitor, you need an English will covering all you wealth, houses etc. and you make your Spanish will out exactly the same, then when you or your husband die, the English will takes precedent over the Spanish system.

Simple, so get the Uk will done then get your Spanish will done in Spanish and in English.

Not exspensive, not complicated, lots of good solicitors to do the will this side in Spain, if you ask a Gestoria they can do it for you but of course you pay them and you will also pay for the solicitor so just get a Spanish solicitor.

Dee

.

Jacksie

Posted: Mon Dec 2, 2019 8:42pm

Jacksie

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Posted: Mon Dec 2, 2019 8:42pm

DeeHenry wrote on Mon Dec 2, 2019 6:17pm:

Not a nightmare at all, it's very simple if you think about it and do as you are told by a solicitor, you need an English will covering all you wealth, houses etc. and you make your Spanish will out exactly the same, then when you or your husband die, the English will takes precedent over the Spa...

...nish system.

Simple, so get the Uk will done then get your Spanish will done in Spanish and in English.

Not exspensive, not complicated, lots of good solicitors to do the will this side in Spain, if you ask a Gestoria they can do it for you but of course you pay them and you will also pay for the solicitor so just get a Spanish solicitor.

Dee

.

This is what we were told when we bought a house here. Your English will does not cover your Spanish property. You need a Spanish will to ensure your house in Spain goes to the surviving spouse. Under Spanish law the house automatically goes to the children when one parent dies and not to the surviving spouse

DeeHenry

Posted: Mon Dec 2, 2019 8:57pm

DeeHenry

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Posted: Mon Dec 2, 2019 8:57pm

Your English will does cover your Spanish property ,that's why you make out an English will and a Spanish will because you live here, simple,messy to understand, then your English will is what governs everything that you leave.

DarioMartin

Posted: Mon Dec 2, 2019 9:30pm

DarioMartin

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Posted: Mon Dec 2, 2019 9:30pm

DeeHenry wrote on Mon Dec 2, 2019 8:57pm:

Your English will does cover your Spanish property ,that's why you make out an English will and a Spanish will because you live here, simple,messy to understand, then your English will is what governs everything that you leave.

I understood that was only if you specified in your Spanish will that you wished English to take precedence, and that had to have been done prior to August 2015, as pointed out by The Oakleys, above.

If that condition not met, then you fall under Napoleonic law for inheritance.

Post Brexit as well, I would suggest that you’d need to speak to a solicitor and revisit the wills, as there is likely to be some changes in what is recognised

Jacksie

Posted: Mon Dec 2, 2019 9:49pm

Jacksie

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Posted: Mon Dec 2, 2019 9:49pm

DeeHenry wrote on Mon Dec 2, 2019 8:57pm:

Your English will does cover your Spanish property ,that's why you make out an English will and a Spanish will because you live here, simple,messy to understand, then your English will is what governs everything that you leave.

Are you talking about the same will but just translated into Spanish as opposed to two different wills? 

We have two different wills. One made in the UK which covers our UK property and assets only and one made in Spain to cover our Spanish property.

DeeHenry

Posted: Tue Dec 3, 2019 9:28am

DeeHenry

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Posted: Tue Dec 3, 2019 9:28am

You make out your will in Spain covering everything and you make out you UK will covering everything, they must be the same.

Both countries will want to know what you leave when you die, so when both will ate the same you will not be taxed twice, either by UK or Spain, the English Will is most important and to include your Spanish property .

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