Spanish Wills for People with Assets in Spain – Important

single.php

Posted and filed under Newsletters.

Spanish Will

If you own property, have a bank account, a car or other assets in Spain, you need to write a Spanish Will.

It does not matter whether you are Non-Resident or Resident, it is important to have a separate Will. This is a Will prepared and registered in Spain, covering just your assets in Spain.

Have a Will in Spain is very important. As otherwise you will need probate from your home country. That takes time and costs more money for your beneficiaries.

Why do you need a Spanish Will?

You need one because it makes the Spanish probate process much easier and simpler for your inheritors.

It also will cost them less money dealing with your probate.

They are simple to arrange and you only need to be in Spain to visit a Notary with us. We can only help with Wills in Spain in the Murcia or Alicante regions as we need to go to the Notary with you. Contact us to make an appointment.

Read more if you want to read more about why should you make a Will in Spain?

Residents of Spain and Wills

If you are living in Spain, you should have a Will in Spain. Your will should include a clause stating your choose the law of your nationality (so ideally this will not be Spanish law, which has enforced inheritors).

If you do not have a Will in Spain and only have one from back home, your inheritors will need to get Probate from that country. This is expensive and takes ages to obtain, so it may result in interest having to be paid on inheritance tax.

Infomation Regarding the new Last Will in Spain

Non-Residents of Spain and Wills

Again, it is important to have a Will in Spain. If you do not, then again Probate or Letters of Administration (if there is no Will back home) will be needed. This can cost thousands and is easily avoided by making a Will in Spain very inexpensively. It should have the clause about choosing your National law.

When a Will in Spain may not be enough… Do you need a UK Will?

Spanish will if you have been married more than once

If you have been married more than once, and have stepchildren or your partner does, we strongly advise you to not delay in making a Spanish Will. Contact us to discuss your existing Wills or if you would like to make new ones.

How do I make a Spanish Will?

With the minimum amount of fuss, we prepare Spanish Wills for clients owning property in Spain. This service includes the preparation of the Will and translation in front of the Notary.

We prepare the Will in English and Spanish, go with you to the Notary and translate. Then we make sure that you receive a copy. The Will is going to be lodged in the Spanish Wills Registry.

Once signed, you can be assured that your assets will be dealt with in the manner that you wish, and avoid expensive and timely delays which occur when no will has been made in Spain.

Contact us if we can help with a Will in Spain.

27 Comments

  • Alex van der Laan

    Good evening,
    I would like to make a Spanish will and take your offer. Please contact me for an appointment, thank you.

    • Nicola Ryan

      Good Evening Alex,

      Yes, of course, we will be in contact with you today. We look forward to speaking with you.

      Kind regards
      Nicola

  • Maureen Baines

    Hi,
    With regard to the preparation of the Spanish will you describe above, what is the cost of ths?
    Kind regards,
    Maureen Baines

    • Amanda Thomas

      Dear Maureen, It is 181.50€ including IVA, Notary fees, us accompanying you, advice and translation. Kind regards.

  • Omran Hussain

    Hola beuno dias,could someone from your will department give me a call regards to property will here in spain my telephone number 622849220 after 12pm…regards omran

    • Jane

      Hi Omran

      Nicola has called you and is e mailing you the required information.

      Kind Regards

      Jane

  • June Coulthard

    Hi there we are non residents. A solicitor Manual Martin, Alicante took us to the notary in 2002. We cannot find a copy of the will, we want to know what’s in it, can you advise us what is the best way to proceed?

    • Amanda Thomas

      Dear June,The best way to check is to contact the solicitor in Alicante you went to the Notary with (google). Alternatively, you need to try to locate the Notary it was signed at and remember roughly when in 2002 and they may still have a copy. I would definitely advise making Spanish Wills again when you come out to Spain anyway. In the meantime do make sure you also have home country Wills, but the old Spanish Will is going to apply, but it would be best re-done. Kind regards

    • Jane

      Hi June

      There is a central wills register held in Madrid. If you know which notary they should be able to retrieve for you.

      Kind Regards

      Jane

  • Grusia

    Hello we have a Spanish will registered in Alicante and held in Madrid around 2007 and there was no mention on it of enforcing English succession law on it. My father in law recently passed away and In the will we know that the sole beneficiary is his unmarried partner (my mother in law). Will we be able to exercise his wishes? He had natural children from previous marriages but they are not his beneficiaries in the Spanish nor in the English wills. What will happen? The holiday property was in his sole name. Thank you for your help

    • Amanda Thomas

      Hello, thank you for the enquiry. We can help but we need to know where he died and see a copy of the Will. We can help doing the probate or advising, or even in Courts if necessary. Kind regards

  • Liz Kingdom

    We have English wills which include reference to our Spanish residency stating we wish our inheritance to be dealt with under the terms of English inheritance laws. We own two properties in the UK (one our former home now let) and another rented property. We do not own property in Spain and have only bank accounts for day to day expenses. Other investments are in the UK. Should we make a Spanish will also? We live in Catalunya and understand there are generous allowances which can be applied to inheritance tax as our English wills state that all assets will initially be inherited by the surviving spouse.

    • Amanda Thomas

      Dear Liz, Yes, you should definitely make Spanish Wills as otherwise when something happens you would need Grant of Probate from the UK as well as the British Will, whereas with a Spanish Will, this would be just executed. It saves time and expense. With kind regards. Amanda

  • ANDREA JEAN STOCKS

    we are spanish residents and have a house and bank accounts in spain
    we do not have any property in the uk but have a uk bank account they have our spanish address on the account
    do we need both a spanish and uk will

    • Jane

      Hi Andrea

      You would require to check with a UK solicitor as it will depend on the instructions in your will, but with a Spanish property we recommend you have a Spanish will.

      Please contact us if you wish us to assist.

      Kind Regards

      Jane

  • Stuart

    Hi, I own a holiday apartment in Murcia but live and work in the UK. I have a Spanish will in place but would like to add an additional beneficiary ASAP. Is this possible to do remotely ? ( due to Covid travel restrictions travelling to Spain is impossible) , many thanks

    • Jane

      Hi Stuart

      You would require to be in Spain, or to contact the Spanish Embassy in the UK.

      Kind Regards

      Jane

  • Michelle Nolan

    Both myself and my husband own a house in Spain (Lanzarote) and are resident there. We want to make Spanish wills but we do not wish any of our descendants to be beneficiaries on them, or to be able to have any claim on our estate as they would under Spanish Law. Can we include a clause in our wills which specifies this? Many thanks.

    • Nicola Ryan

      Good Morning Michelle,

      Thank you for your enquiry.

      Now, you can include a clause in your Spanish will which states “this will shall follow the law of your country of origin” therefore you have the right to leave your assets to whomever you wish. We hope this helps.

      Kind regards
      Nicola

  • Liz burchell

    I live in the UK but have a holiday house in Spain. In 2019 I made a Spanish and English will with a notary in Motril. My daughter is my sole beneficiary in my Spanish/English will. On my death how will my daughter access my Spanish bank account and take it over in her name. She will wish to put monies into the account from the UK mainly for utilities on the house already existing with Direct Debits? My notary in Motril had Power of Attorney on my estate in order to access my NIE number and the original deed of the house. I have copies of all documents. Thank you.
    Liz Burchell

    • Amanda Thomas

      Dear Liz, As you have a Spanish Will this takes precedence. Your daughter will need to contact us or someone else for help to do a Spanish probate to transfer your assets into her name (property, bank account and anything else). This takes some time and a lot of paperwork but we help with this step by step. With kind regards Amanda

  • Helen Quinn

    How much do you charge for a husband and wife will please and where would we need to go for the gestor. Thank you

    • Tracie Miles

      Good morning Helen
      Thank you for your enquiry.
      Our Will fee for a couple is 280€ plus IVA. Our offices are located in La Zenia, Orihuela Costa. If you would like us to assist you and you are within easy access to our offices then please do not hesitate to contact us.
      Kind regards
      Tracie

  • Stephanie Campo

    Hello,
    Do expat residents in Spain need a will even though they have no Spainsh assets? My American mother will soon live with us, have Spanish residency, but will not have any assets nor bank account while residing in Spain. Is it still necessary for her to make a will in Spain? She has an American will and would like that will to apply in case she dies while living in Spain.

    • Nicola Ryan

      Good Morning Stephanie,

      Thank you for your enquiry.

      Your Mother would only need a Spanish will if she has assets in Spain, for example a car, bank account with a balance or property, If she does not have any of these, no will is required. We hope this helps.

      Kind regards
      Nicola

  • Debbie

    Hi, can you help, I have been married before and want now my 50% of my assets to go to my daughter, my now husband want part of my 50% monies to go to his 2 sons, so it’s split 3 ways, I don’t want to do this, can you help please

    • Amanda Thomas

      Dear Debbie,

      I am going to email you separately, Kind regards Amanda

Leave a Reply

Your email address will not be published. Required fields are marked *

*

*

*

Looking for a solution?

Feel free to get in touch with any enquiries and one of our friendly members of staff will get back to you as soon as possible.

Form loading.