If you would like to buy a Spanish will then please ensure you have your passport to hand and the full names of your heirs and beneficiaries and follow the steps set out below:
- Pay the cost of the Spanish will online of 175 Euros plus IVA at 21% amounting to a total of 211.75 Euros using a visa card
- Complete the Spanish will form online
- Once you have completed the Spanish will form online you will be sent a draft Spanish will document to read & check. We will also read & check the Spanish will
- Once the Spanish will has been approved by you and us, then it can be signed before a notary. See below for information on signing the Spanish will before a notary
POINTS FOR YOU TO CONSIDER FOR YOUR SPANISH WILL:
- It is advisable to have a Spanish will for Spanish assets only. The Spanish will works with other wills that you may have and will make it easier and cheaper to deal with Spanish assets upon death.
- Under Spanish Law you can leave a) legal title or b) a life interest in a Spanish property to different heirs.
For example if Mr & Mrs each own 50% of a Spanish property and have three children they can leave a life interest to each other in the Spanish property and legal title in the Spanish property to the three children. Upon death of the first spouse, the surviving spouse would have their own 50% of the Spanish property and a life interest in 50% of the deceased’s spouse share in the property and the three children would each inherit one third of 50%.
Then upon the second death the children would inherit the remaining 50%.
If you would like the children to eventually inherit the Spanish property and you do not wish to sell the property upon the first death of one of the owners, then legal title to the children and life interest to each owner, is a good option. However bear in mind that if any of the children became bankrupt, died or divorced before the death of the second owner, this could complicate ownership. Also it is advisable for each heir to have a Spanish will when they inherit Spanish property.
- If you are likely to sell the Spanish property upon first death then consider leaving the legal title to each other, that way you will not need to depend on your children to sign any documents agreeing to a sale if they have inherited the legal title to the Spanish property.
For example Mr & Mrs would leave all assets in Spain to each other. Upon death the surviving spouse can sell the property once they have dealt with the Spanish inheritance
READ OUR LEAFLET ON INHERITING SPANISH ASSETS: Download here
SIGNING THE SPANISH WILL BEFORE A NOTARY IN THE UK OR SPAIN
- Find your nearest notary in the UK by visiting the website below:
- The Spanish will can also be signed before a Spanish notary and you will need a translator to attend the signing with you. If you let us have the address of where you are staying we can find the nearest Spanish notary to you. The notary and translator’s fees can be paid on the day of the signing. If signing the Spanish will in Spain, then you will not need two independent witnesses. A Spanish notary will inform the Central Will Registry in Spain that you have signed a Spanish will at his notary at the given time and day. You will be given a certified copy of the will known as a copia simple and the notary will keep the original.
- Send the notary the Spanish will document
- Take a valid and in force passport and two utility bills with you to the meeting with the notary
- If signing the Spanish will in the United Kingdom, then it will need to be signed before the notary and two independent witnesses over the age of 18. None of these witnesses should be entitled to any assets under the Spanish will
- Ask the notary to arrange for the two independent witnesses to be present for the signing of the Spanish wills and they will sign the Spanish will in the notary’s and your presence
- Ask the notary to unite the Spanish will and arrange for the stamp of the apostile of the hague to be attached to the will at the Foreign & Commonwealth Office
- Once the Spanish will has been returned to you by the notary, send us the Spanish will to our Head Office which you can find in Contact Us and we will arrange for the Spanish will to be recorded at the Central Will Registry in Madrid. Once it has been recorded at the Central Wills Registry we will return the original will to you for safe keeping
- If in the future you update your non Spanish will and you do not wish to revoke your spanish will, then make sure you refer to the Spanish will in your non Spanish will as most new wills start with the wording set out below:
I revoke all former wills – only include this wording in a non Spanish will if you wish to revoke your Spanish will.
If you do not wish to revoke your Spanish will in your new will then insert the following wording:
I revoke all former wills except my Spanish will dated……… This means your new non Spanish will does not revoke your Spanish will.
It is also advisable to exclude the Spanish assets in any non Spanish will.
If you wish to discuss your Spanish will requirements with us, please contact us