Will & Inheritance Costa Blanca Lawyers

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Wills & Inheritance

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As you may know a will is not exclusively about making sure that the right people will inherit without disagreement or problems. It is a formal declaration of intention made by a person in his life-time of his wishes concerning the disposal of his property after his death.

We understand the need to preserve and protect your assets and those of your family. If you have purchased or already have a property in Spain, we strongly recommend you making a Spanish will in order to facilitate the distribution of your Spanish assets.

We have arranged many wills in Spain for foreigner people just like you and we believe that it is a satisfying part of life's planning and not something which should simply be left to chance. It is a good idea to talk to your family about it so they understand your issues and know what you want. It may help those around you to understand your wishes in distressing circumstances.

In the Spanish legal system, there are rules governing the distribution of property after death. There are two different types of successions:

Testate Succession which arises when the deceased person has expressed his wishes in the form of a will.
Intestate Succession which arises when a person dies intestate. In this case, the statutory law rules will govern the distribution of the intestates' estates upon the assumption that people who die intestate would have wished to make provision for beneficiaries. Because you did not make these important decisions while you were capable, these decisions are left up to the Spanish Law. You could have your property distributed in a way that goes against your wishes.

In Spain, the signing of wills must be made by the testator in the presence of a Public Notary who will keep in his file the original document until the day of death, and will register it in the Spanish Central Registry of wills which is situated in Madrid.

If you have already made a will in Spain, please note that your financial and familiar circumstances can change and therefore your will should be reviewed and updated.

If you decide to contact us, we can:

Advise and guide you in preparing or revising your Spanish will. You can make several wills but it is only the last signed will that is valid.
Advice on Inheritance Tax, and explain the whole proceeding of distribution of the inheritance after death.
Assist you at the Notary Office when you sign your Spanish will.
Help you to receive and register in your name, Spanish inheritance in case a relative of yours has died with or without a will.
Advise you on Inheritance Tax planning and if necessary on the creation and administration of Trusts.

Our standard fees for helping you to prepare and sign a Spanish will are 150 Euros for one Will (notary fees included)

Our legal fees for assisting you to receive inheritance from a deceased relative will depend on the circumstances and cannot be fixed in advance. Fees and costs vary depending on the work to be carried out and the value of the inheritance. Please do not hesitate to discuss with us us your particular case, and we will be pleased to give you an estimate of how much our work will cost, together with inheritance tax and other costs to be paid.

Tipical spanish will for british people with assets in Spain

PROTOCOL: *.------------------------------------------------------

IN ......., my practice, being * hours and * minutes the * of * of the year two thousand and four.------------------------------------------- ------

Before me, __________________________, Notary Public of the _______ College, District of __________,--------------------------------------

--------APPEARS------------------------------------------------

MR. *, born in * (*United Kingdom), the __________________________, *married, *British national, domiciled in * (United Kingdom).- With valid Passport* number* * .

He declares that he is the son of * and *, __________________________ alive/ deceased; that he is *married in his *first marriage to Mrs. *, née *, with whom he has * descendants named __________________________.--------------------------------------------

He has to my knowledge the sufficient legal capacity to execute this present OPEN TESTAMENT that is executed according to the following:---------------------------------------------------------------------------

--------- CLAUSES----------

FIRST.- It is the will of the said testating part to limit this testament only and exclusively to his assets, rights and shares in Spain; and it is also his wish that it be compatible any other or others which he has made or may make in any non-Spanish territory unless he expressly revokes the other will. It is the wish of the testator that the application of the different wills will be determined by the location of his assets, rights and shares at the time of his demise.---------------------------------------------------

SECOND.- He appoints universal inheritor to all his assets, rights and shares, his wife, MRS. __________________________.---------------------

In the event that the heir should be unable of inheriting, renounces her inheritance, predeceases the testator, deceases simultaneously, or deceases within 30 days of the demise of the testator, he appoints as substitute his children, *, *in equal shares, *with substitution in the previous cases by their respective descendants, ((*Should they not have any descendant)) *with a right to acretion between themselves.-----

THIRD.- If at the demise of the heir, __________________________, she has not disposed of the inherited assets by onerous title, these will obligatorily be handed over to __________________________the children of the testator, __________________________, in equal shares, with substitution in the previous cases by *their respective descendants.---

What has been established in this testament, is understood without prejudice of the legitimate inheritance which, in the event could correspond to the legitimate inheritors, and taking into account the value of all the assets, rights and shares that correspond to the testator, wherever they are situated.--------------------------------------------

So he declares and -grants in my presence, the Notary, that I have knowledge of the English language in which the testator expresses himself, having renounced the presence of witnesses.--------------------------

I, the Notary, having read aloud this testament to the testator, and having read it by himself written in Castilian (Spanish) and in English declares that its contents reflects his will and he signs it together with myself.--------------------------------------------------------------------

I do not know the testator, therefore I identify him by means of his identity document, details of which are under the appearance paragraph.---------------------------------------------------------------------------

I, the Notary, hereby, give faith that all this, that the necessary legal formalities have been fulfilled in one sole act, and in general the contents of this present testament, that is printed on __________________________three official sheets, number __________________________ and this present one.-

Calatayud 39 Moraira Alicante Costa Blanca 03724 Spain

juanbertomeu@iurisconsulting.net

direct +34609477889

tel +34966490207

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Abogados Alicante | Abogados Ibiza | Abogados Valencia |

Juan Bertomeu Vallés

Last Modified : April 29 2008