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Making the will

Posted: Sun Jul 31, 2022 1:59pm
10 replies98 views4 members subscribed
T2UNJ

Posts: 12

1 helpful points

Joined: 5 Oct 2021

Please advise if the Spanish government will honour our UK WILL for our Spanish home or do we need to make a separate WILL what are the implications as you only allow to have one WILL.

SteveH

Posted: Mon Aug 1, 2022 8:36am

Posts: 14

7 helpful points

Joined: 24 May 2021

Posted: Mon Aug 1, 2022 8:36am

Email Konsell abogados in calle Porvera Jerez - they can answer your question and the initial phone call , in english, is free. I have a friend on this forum who has already used them for this purpose. Best of luck.

T2UNJ

Posted: Mon Aug 1, 2022 9:39am

T2UNJ

Original Poster

Posts: 12

1 helpful points

Joined: 5 Oct 2021

Posted: Mon Aug 1, 2022 9:39am

SteveH wrote on Mon Aug 1, 2022 8:36am:

Email Konsell abogados in calle Porvera Jerez - they can answer your question and the initial phone call , in english, is free. I have a friend on this forum who has already used them for this purpose. Best of luck.

Thank you, I will contact Konsell tomorrow and get an appointment.

SteveH

Posted: Mon Aug 1, 2022 10:24am

Posts: 14

7 helpful points

Joined: 24 May 2021

Posted: Mon Aug 1, 2022 10:24am

T2UNJ wrote on Mon Aug 1, 2022 9:39am:

Thank you, I will contact Konsell tomorrow and get an appointment.

Only too glad to help, dont forget this is andalucia and every business seems to go on holiday for the whole of august - as we found out last year :))

Richardhlovell

Posted: Wed Aug 3, 2022 10:03am

Posts: 37

10 helpful points

Joined: 13 Sep 2019

Posted: Wed Aug 3, 2022 10:03am

T2UNJ wrote on Sun Jul 31, 2022 1:59pm:

Please advise if the Spanish government will honour our UK WILL for our Spanish home or do we need to make a separate WILL what are the implications as you only allow to have one WILL.

If you are resident here you need Spanish will.  It can be a duplicate of the British one. Taxes here are very different.  See a tax person before deciding. 

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T2UNJ

Posted: Wed Aug 3, 2022 12:32pm

T2UNJ

Original Poster

Posts: 12

1 helpful points

Joined: 5 Oct 2021

Posted: Wed Aug 3, 2022 12:32pm

Richardhlovell wrote on Wed Aug 3, 2022 10:03am:

If you are resident here you need Spanish will.  It can be a duplicate of the British one. Taxes here are very different.  See a tax person before deciding. 

Thank you for the information, I have made an appointment with a solicitor here about the will. We’re not residents but comes here monthly, I think you’re right with the duplicate of the British one.

Many thanks.

Roger66

Posted: Wed Aug 3, 2022 1:49pm

Posts: 16

8 helpful points

Joined: 11 Aug 2020

Posted: Wed Aug 3, 2022 1:49pm

As spanish residents with assets in spain and UK we have an English will for UK assets, and Spanish will for assets in Spain. Each one refers to the other to keep things transparent (we hope).

In my experience with aged friends and relatives, you never know how good a will is until it's too late!

T2UNJ

Posted: Wed Aug 3, 2022 5:14pm

T2UNJ

Original Poster

Posts: 12

1 helpful points

Joined: 5 Oct 2021

Posted: Wed Aug 3, 2022 5:14pm

Roger66 wrote on Wed Aug 3, 2022 1:49pm:

As spanish residents with assets in spain and UK we have an English will for UK assets, and Spanish will for assets in Spain. Each one refers to the other to keep things transparent (we hope).

In my experience with aged friends and relatives, you never know how good a will is until it's too late!

Many thanks, our solicitor in UK suggested that both will to provide reference to avoid issues.
The solicitor here can clarify the reference during my consultation by the end of the week.

Kind regards 

TempleCAMBRIA

Posted: Thu Aug 25, 2022 5:02pm

Posts: 5

2 helpful points

Joined: 25 Aug 2022

Posted: Thu Aug 25, 2022 5:02pm

The Spanish government will (of course) honour your UK will so technically it is possible using said will in Spain to arrange probate here. It is just the cost of enforcing your UK will (you will need to legalise your will and the grant of probate with the Hague Covention apostille at the FCO and get them translated by official translators authorised by our Foreign Office) is by far a lot higher than making a Spanish will. Also, legal dispositions as trusts does not have an equivalent in Spain and are not recognised by our tax office so this complicate arrangements a lot (if you establish such trusts in your UK will). So the answer is yes it is possible but your heirs will need to spend probably an additional amount of around 1500 euros to enforce the UK will in Spain when a Spanish will would cost you something in the region of 150 euros + VAT (21%) if you get it issued in Spain.

I hope it helps!

T2UNJ

Posted: Fri Aug 26, 2022 10:06am

T2UNJ

Original Poster

Posts: 12

1 helpful points

Joined: 5 Oct 2021

Posted: Fri Aug 26, 2022 10:06am

TempleCAMBRIA wrote on Thu Aug 25, 2022 5:02pm:

The Spanish government will (of course) honour your UK will so technically it is possible using said will in Spain to arrange probate here. It is just the cost of enforcing your UK will (you will need to legalise your will and the grant of probate with the Hague Covention apostille at the FCO and...

... get them translated by official translators authorised by our Foreign Office) is by far a lot higher than making a Spanish will. Also, legal dispositions as trusts does not have an equivalent in Spain and are not recognised by our tax office so this complicate arrangements a lot (if you establish such trusts in your UK will). So the answer is yes it is possible but your heirs will need to spend probably an additional amount of around 1500 euros to enforce the UK will in Spain when a Spanish will would cost you something in the region of 150 euros + VAT (21%) if you get it issued in Spain.

I hope it helps!

Thank you for the information, we really appreciate the details. We had setup a trust in UK and we’re currently having discussion with our Spanish solicitor.


Many thanks.

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