There are many reasons for looking at a Will, whether to write a new one, or to review one. Not only in these very difficult times with covid-19 in mind but generally.
Family Reasons
Some family reasons for writing a Will could be the birth of a child or of grandchildren or nephews and nieces. Alternatively an adoption in the family. Or on the contrary, sadly a death in a family. Or illness or fear of illness.
Not only of yourself, but a beneficiary, executor or guardian mentioned in your Will, which could change everything. Sometimes is the UK and other countries you might need to make changes as a child reaches the age of majority (18) or comes into a Trust.
Other reasons can be marriage (please note that in Spain marriage does not automatically revoke a Will as in other countries). But still it usually leads to needing a change in a Will. As does re-marriage, divorce and separation (all of which revoke or should prompt the need for a new Will also generally).
In Spain, one main reason for making a Will is after another marriage when step children are involved. Then it is important to have an up to date Will.
Reasons for Looking at A Will related to Issues Overseas
There can be several reasons that you may need to think about looking at a new or changed Testament to do with property abroad. Perhaps you are buying or selling a property overseas. Or you are planning to live or work abroad. Or one of your children has gone to live on the other side of the world and changes need putting into effect, particularly because of powers of attorney.
Business Reasons
People often forget that if they are closing down a business or starting anew one that it might necessitate a change to a home country Will.
Other Reasons
Perhaps you have disposed of an asset already in your Will. This is not important in Spain, as Wills here cover all assets at the time of death. However, in other countries it is important to rewrite your Will if you have sold a property mentioned in it, for example. Or if you have changed your name. Or one of your executors named in the Will has died or become mentally incapable.
With regard to Executors, in Spain these are not usual, except for when minors are inheriting. If mentioned they will need to be very involved in the probate. They will need a NIE number and also they will need to give power of attorney or come over to Spain for completion.
Legal Advice
Legal Advice should always be taken with Wills. Currently, in this surreal situation, we advise you to ensure that you have home country and Spanish Wills. Or at least to be preparing them. We currently have a waiting list for when the State of Alarm is over.
At the moment, it is not possible to complete a Will in Spain at a Notary. you need to be present to make a Will and Notaries are not open for these matters. Nor can people travel at the time of writing. However, you should at least ensure you have a home country Will or Testament. Please contact us if we can help with Wills. As you can see there are many reasons for looking at a new Will.