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Spanish wills for non-residents
As a UK national with assets in Spain, whilst you plan for the future, you may be wondering whether you need to make a Will in Spain, or if a Spanish will is valid in the UK. At Labrums, we strongly advise clients with assets in Spain such as property, bank accounts or business interests, to make a separate Spanish will (testamento) in addition to their will in the UK.
Read on for more information on why you may need a Spanish will and how to make a Spanish will using Labrums’ professional services.
Why should you have a Spanish Will?
Planning for the future can help alleviate the burden upon loved ones during difficult times. Here are nine reasons why you should make a Spanish will to protect your assets:
The issue of which jurisdiction applies is complex and can have very significant results. The only way to guarantee that the laws of England and Wales or of Scotland as appropriate apply is to have a valid will for Spanish assets with the necessary provisions.
If you have made only an English will dealing with all of your assets, wherever they may be, it might or might not be valid for your Spanish assets but there will inevitably be a long delay as you would first have to obtain probate in the UK.
In Spain, inheritance tax must be paid within six months of death failing which interest or penalties apply. It is far more likely that the tax will be paid on time if you have a valid Spanish will.
Avoid unnecessary delays while enquiries and searches are made; if your loved ones believe that you made a Spanish will, but you did not, this can cause additional stress.
Making a valid will that sets out how you wish your Spanish assets to be distributed avoids arguments and uncertainty at a time which is already difficult for your family and friends.
If you have two wills, ie. one English and one Spanish, it is important that i they do not contradict or invalidate each other. Ideally, they should be made together, by the same firm of lawyers.
There are different rules in the UK and Spain relating to the legal requirements of a valid will; for example, how many witnesses are required. It should not be assumed that an English will will be valid and enforceable in Spain.
If Spanish law is applied to your Spanish assets, the law of compulsory heirs may be used. This means they must be divided equally between certain beneficiaries, regardless of your wishes. The issue can be prevented with professional assistance on how to make a Spanish will. The liability to pay inheritance tax in Spain is complex and the way in whichSpanish wills for non residents are prepared can significantly increase or reduce the tax liability.
How to make a Spanish will
Making a Spanish will involves navigating intricate legal procedures, so seeking professional help is essential for taking the stress out of the process and guaranteeing it is made to the highest standard. This will secure your legacy in Spain and ensure your wishes are honoured in the future.
At Labrums, we specialise in assisting individuals in crafting their Spanish wills, combining legal expertise with a deep understanding of both Spanish and UK probate systems. By employing our expertise, you can rest assured that your Spanish will is meticulously created to align seamlessly with Spanish regulations, ensuring a smooth transition of your assets.
New European Legislation came into force in 2015. Please click here to read more about The European Union Succession Regulation (EU) No 650/2012 (“the EU Succession Regulation”) and how it may affect you.
What sets Labrums apart from other law firms?
Labrums will take time to talk to you and understand your specific challenges and objectives, and deliver the outcome you want. We are completely transparent with our costs, we won’t use legal jargon and we promise to keep you updated throughout the process to ensure its as stress free as possible. Sergio, our Spanish Solicitor, is a member of the Malaga Bar Association and a Registered Foreign Lawyer with the Law Society. He has a vast experience and is bilingual, so you can be confident that you'll receive the best advice.
The level of service has been outstanding, Labrums has been efficient, prompt, professional and easily accessible.
Labrums provided legal counsel for a property matter. The service I received was thorough and clear. The letter Labrums drafted to clarify the issue was a thing of beauty. I have no hesitation in working with Labrums again.
Our professional team of experienced lawyers are ready to assist you. Schedule a consultation or discuss your case by reaching out to us now. We promptly respond to provide the guidance you need.