MAKING A SPANISH WILL

Our legal department can draw up a Spanish will in-line with your requirements.

In the case of the death of a spouse, for example, you may wish to leave all assets directly to the other spouse, without any inheritance to the children. As a foreigner, you should be able to do this.

Even if the surviving children inherit their legal share it is not usually necessary for the house to be sold and the proceeds divided. For example the surviving spouse could continue to live in the house and administer it for the good of the children who are still living at home.

If the house is later sold, the children can then obtain their legal share.

The importance of proper legal advice

You do need to follow lawyer's recommendations in drawing up a will.

For example you may wish for your Spanish flat to be sold and the proceeds divided among the children in a percentage that you determine, however under Spanish law this is not possible. You must leave the flat to the children in equal parts. They can then sell it and divide the proceeds, but you cannot order its sale in your will. There may be other provisions on which your lawyer can advise.

Structure of the Spanish will

The will is made out in two columns, one in Spanish and one in English, or in whatever language the testator prefers. The will is then checked by the Notary and signed in his presence. Witnesses are not necessary.

This is called a testamento abierto, an open will, which is the usual form. The Notary keeps the original in his files, gives you an authorized copy and sends a notification to the central registry in Madrid, called the Registro Central de Ultima Voluntad.

Obtaining a copy of a Spanish will

The certification number of all Spanish Wills are kept on file to ensure that a legal copy can always be found. If the will is lost or if you do not know whether the deceased person has made a Spanish will or not, you can apply to the central registry to find out if a Spanish will exists in that name.

If it does exist, the registry will give you the number and the name of the Notary who made it in the first place and you will be able to obtain a copy from the Notary.

Having a Spanish will certainly speeds up the legal processes of inheritance.

The Notary will charge around 60 Euros for the will and the lawyer's fee could be around 100 Euros, although this could go much higher if the will is complicated or involves large sums of money.

Remember that husband and wife must each make separate wills if they each own property separately.

Inheritance Tax

Your lawyer can also give you a good indication of how much inheritance tax your estate in Spain may attract

All too often, the existence of Spanish Inheritance tax seems to come as a complete surprise to foreign property owners. This tax is charged even when the inheritance is between spouses.