You should sometimes still write a legal UK Will when living abroad. Did you know a Spanish Will may not be enough…? Do you need a Spanish Will or a UK Will?
Are you resident in Spain or have a holiday home here but also own a few assets in the UK?
This is a simple test to see if your loved ones are protected should you die without a valid Will covering the UK.
1. Do you own any of the following assets in the UK?
a) A house
b) Bank accounts savings or investments (it doesn`t matter how little is in them)
c) Life policies
e) Other assets such as cars, boats etc
If you answered yes to one or more of the above questions in Number 1) then without a Valid Will in the UK you will not be able to ensure your wishes are carried out. You need a UK Will.
2. Do you own assets in Spain and do not have a Spanish Will, nor a UK Will?
If you answered yes to Number 2) then you definitely need Wills both in Spain and in the UK. You should write a Will in each country clearly stating that it is dealing specifically with the assets held in the respective country, ensuring there is no conflict. We can help with the Spanish Will.
No Spanish or UK Will?
Without a valid Will at all, you will have died intestate and your assets are distributed according to the law of intestacy. This means your wishes are ignored and may mean your loved ones will not inherit as you would have wanted.
Furthermore, it leaves a mess for those nearest to you to deal with, with a great deal of paperwork to be applied for, and is often expensive, stressful and can so easily be avoided.
Making a Will is the only way to ensure that your wishes are carried out after your death and once in place gives you the peace of mind of knowing that your affairs will be left in order and carried out according to your wishes.
If you have not yet made a valid UK Will or if you have made one but it has been a while since it has been reviewed or circumstances have changed (divorce, death, estrangements), then do put one in place. This will protect your loved ones and give you the peace of mind of knowing that your wishes will be carried out should you pass away.
If we can help with a Spanish Will, then contact us and we will soon be in touch.
Cannot find my Spanish Will or have not made one
What is the case if I cannot find my Spanish Will? Do I need to do a new one?
The answer is no, you don’t. As what should have happened is that when you made your original Will in Spain then one copy would have been sent directly from the Notary to the Last Wills Registry in Madrid to be registered there.
When someone passes away, the first thing the lawyer in Spain will do is contact the Last Wills Registry in Madrid so that they know what the last Will made in Spain was. So it does not matter too much if you or your family cannot find a copy, as long as you know what was in it. You could request a further copy at the Notary where you made it originally.
If you have assets in Spain and do not have a Spanish Will, that is a different matter. We would always advise that you have a Spanish Will. Please see the pages on that topic, or contact us for more information.