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will.

Posted: Sat Jun 22, 2019 7:25am
3 replies82 views2 members subscribed
David1963

David1963

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Posts: 124

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Location: Roquetas de Mar

Joined: 22 Jun 2019

Hi.

We are in the area of Roquetas.Can anyone recommend  someone to make a will for us.

Thanks.

Rascalmate

Posted: Sat Jun 22, 2019 8:40pm

Rascalmate

Helpful member

Posts: 220

290 helpful points

Location: Garrucha

Joined: 28 Nov 2016

Posted: Sat Jun 22, 2019 8:40pm

If you are residents Spanish wills are very different to English wills.

You need a Solicitor to sort a suitable will for you that will include a quote to protect your assetts for inheritors, otherwise the surviving partner/Wife/Husband will only inherit one third the other two thirds automatically go to siblings. The clause to be applicable in Spanish Law has to very carefully worded.

I know a resident who is trapped because of the non English clause. He cannot sell because his two siblings will not.

He did not have an English clause will and his two siblings inherited 66% of his property. 

Not a pleasant situation for anyone to be in.

David1963

Posted: Sun Jun 23, 2019 6:24am

David1963

Original Poster

Helpful member

Posts: 124

50 helpful points

Location: Roquetas de Mar

Joined: 22 Jun 2019

Posted: Sun Jun 23, 2019 6:24am

Thank you for your reply. We are not residents but do own property in Roquetas. We have no siblings. Are we correct in saying that a will is still needed in the event of something happening to one of us ?

Rascalmate

Posted: Sun Jun 23, 2019 9:15am

Rascalmate

Helpful member

Posts: 220

290 helpful points

Location: Garrucha

Joined: 28 Nov 2016

Posted: Sun Jun 23, 2019 9:15am

To my understanding yes if you own property here, classed as world assets. Any alteration in ownership, like a death would fall under Spanish Probate.

I am surprised you managed to buy property in Spain without producing a will to the Notary.

I can advise where I would inquire but never just accept advice from forums without taking proper professional qualified advice.

Again to protect yourself and your assetsee an Abagado (Spanish Solicitor) next time you are over here.

There is advice available on the ukgov website under their living in Spain section or alternatively join for free the Spanish website " belegal" but as we are not allowed on this forum to give direct links do google you will find it easily.

This type of information you need may appear in their faq's. More importantly you can ask the question once registered for free. Allow a few days for an answer. Its a very useful website monitored by top Lawyers.

Hope this info helps you, regards Al

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