Making a Spanish will is probably the single most important thing to do after purchasing a property in Spain.
In Spain, if you die intestate the only thing you are guaranteed to leave to your nearest and dearest is a SERIOUS HEADACHE! You would not want to inflict this on the loved ones you leave behind, as any of our clients already faced with this very situation will testify.
Whilst the UK is still a member of the European Union, it is your right as a citizen of the European Union, in accordance with European Legislation, for expats (of all European States) to leave what you want, to whom you want but your will MUST contain a vitally important clause that permits this to happen.
If you have previously made a will and it does not contain this all-important clause, the will you have made may not be worth the paper it is printed on.
It may well be still possible to take advantage of this very important piece of legislation after the UK ceases to be a member of the EU. However, to ensure that you are still able to take advantage of this vitally important piece of European Law (EU Successions Law 650/2012 EU regulation - makes a change for an EU law to benefit Brits!) do something about it now – while you’ve still got time. Although the will itself must dealt with in accordance with Spanish law, the inheritance can be written as though you were still living in your country of origin.
Making a Spanish will is such a simple procedure. All you have to do is to give us the information we ask you for and we will create a draft of your will. Once you are happy with the draft, we then go with you to the Notary, as the actual will needs to be signed in his presence.
So, for your own peace of mind, and most especially that of your partner and family, give us a call so that we can arrange to organise it for you sooner rather than later - just in case that time limit does runs out.
All the wills we help to draw up, include this vitally important clause.
If you already have a Spanish will, whether or not you are (or you are planning to become) a resident in Spain, you must ensure that your will has that clause included. If not, when you pass away, the laws applied to your assets in Spain will be subject to Spanish inheritance law and the beneficiaries of your choice may not inherit!
If you have read your existing will and cannot find such a clause included, our advice is that you make a new one, making sure, of course, that this important clause is included.
So, if you want to leave your Spanish Estate to the beneficiaries you wish, you must ensure that you say so in your Spanish will.