Spanish Will

Do I/we need a Spanish will?
The simple answer is yes most definitely. If you do not have a Spanish will it may be left to the authorities as to how your estate is dealt with and this would be under Spanish law which differs greatly from English law. Under Spanish law the estate could be distributed amongst any children rather than to your spouse and to avoid this your wishes must be recorded in Spain.

Why would my/our wishes in a Spanish will be recognised in opposition to Spanish law?
If you make a will in Spain it is as a British citizen and currently your rights as a British citizen are recognised and your wishes dealt with accordingly. If you are not of British nationality you should abide by the law of your own country.

The law is changing in Spain in August 2015 and if you are a resident in Spain then you will need to make a new will that includes a clause to state you wish to be dealt with as a British citizen. If the clause is not included you will be dealt with under spanish law of inheritance.

Why can my British will not be used?
It can but it would need to be officially translated into Spanish and notarised in the UK in order for it to be presented in Spain. Whilst it is possible it is time consuming and more expensive than the cost of making a Spanish will.

Where are wills kept ?
The will(s) remain with the Notary where they are signed and you receive a copy with a protocol registration number which is recorded in the central will office in Madrid.

When the will is required how is it obtained?
The death certificate is presented to your local Notary who requests the information from Madrid as to the whereabouts of the last will. It is then released to the Notary where it is needed.

What do I/we need to do to make a will?
You can supply the required information to us and we will arrange to have the wills officially drawn up and signed in front of the Notary to legalise them.

What if I want to change my will?
You simply make a new one and it overrides any previous one.