Wills

On the basis that inheritance law differs from one country to another, it is important to explain certain nuances with respect to the need of signing a Will in Spain.
Am I obliged to make a Spanish Will if I own any assets in Spain?
In strict legal terms, we can confirm that it is not compulsory to make a Will in Spain or for that matter in any other country but, in not doing so, your heirs would be left dealing with an “intestate inheritance”, with the risk that your assets might go to the people they were not intended for. Furthermore, an intestate inheritance is much more complicated, time consuming and expensive.
Another common question refers to the possibility of including Spanish assets in a Will signed elsewhere, frequently in the testator’s home country. Is that an option? The answer to this question is yes but, considering that differences existing between legal systems often lead to a complex process of the Awarding and Acceptance of the inheritance, we must insist this is not the best option and generally translation costs of a foreign Will into Spanish, which is always required in this type of legal process, would be higher than just having a Spanish Will made in the first place.
An advantageous option is the convenience of leaving two different Wills; one for the assets held in your home country, and another for those in Spain; a possibility that should not at all be disregarded and that some people ignore. This is a frequently advised practice, but one which requires meticulous and cautious drafting, as you might inadvertently invalidate one of the Wills with the other. Also, the dates on which they are signed need to be carefully considered.
When leaving a Spanish Will you may also specify if you want the inheritance process to be subject to the laws of your country of origin. It is a “must” right stipulating which succession laws you have decided to apply to the inheritance process of your legacy. Not having made a Will in any country becomes most unfavourable leading, in certain circumstances, to the application of intestacy guidelines that will not always coincide with the destination you intended or hoped for those belongings.
Our advice is always to sign, if possible, a Spanish Will for your Spanish estate since the legal cost is not high, and as it will avoid slowing down the whole process and the ensuing often unnecessary delays complying with the payment of taxes (where applicable) within the legally established term.
The format of the Spanish Will differs generally from those used in other countries; it is written in two languages, one perfectly understood by the signatory, and Spanish; and more importantly, it must be verified and witnessed by a Public Notary. The role of this legal figure is of the utmost importance in Spain. The most straightforward way of making a Spanish Will is doing it directly on site, in Spain. It can also be drafted abroad using the services of a foreign Notary Public, but this complicates greatly the registration process of the Will at the Central Registry.
We can offer you all the necessary assistance throughout the whole process of planning your Spanish legacy and the drafting in both languages of a Will according to your expectations. A close and friendly service, accompanying you to the Notary’s Public premises on the date scheduled to sign this important document intended to protect the interests of your loved ones in the most efficient manner.