Spanish Wills and Probate Ltd.
Spanish Wills
and Probate Ltd
P O Box 12
Lymm
Cheshire
WA13 9FE
Tel:
0845 257 7889
From Spain call:
951 190 488
For information on probate in Spain visit: www.spanishprobate.co.uk
ARE YOU MARRIED?
Your spouse may not
receive all of your estate.
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Why have a Will?
A Will is a very important document ...
It is much more than simply specifying who should inherit your estate.
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It overcomes the Intestacy laws
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It provides the legal platform for the transfer of your assets to your designated heirs
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It can help in your Inheritance Tax planning.
Intestate?
Dying without leaving a valid Will is known as dying “Intestate”.
Each country has its own unique Intestacy Laws, the laws which dictate what will happen to your estate if you die without having made a Will.
In England, these provisions are laid out in The Administration of Estates Act 1925 (with subsequent amendments).
You probably would not normally choose these provisions but the law demands they will be followed. The outcome depends on whether you are married and whether you have children.
Download our
Intestacy Tree to work through what would happen to your estate.
You need to write your Will and sign it if you do not like what you see.
The Spanish Intestacy Laws are very similar to the succession law shown on the < Spanish Will issues > page.
Your estate in Spain will be distributed according to your English Will, if you have one.
However, none of the above Intestacy provisions apply if you leave a valid Will.
Administering an estate (Dickens would call this “winding it up”) is a legal process conducted in the natural language of the country involved. Each country has its own unique procedures, but a common starting point in all is the deceased's Will.
A task of the Trustees and Executors nominated in your English Will is to appoint a lawyer in Spain to transfer your estate there to your heirs.
A Spanish Will complying fully with Spanish law will make the administration of your Spanish estate so much easier.
It saves a lot of time and money in the cost of an official translation, and also eliminates details literally "getting lost in translation" during the legal processes.
Hence, valid Wills in both England and Spain are vital parts of planning the future ownership of your world wide estate, and its smooth transfer to your heirs.
However, if you are domiciled in the UK, writing complementary English and Spanish Wills can bring you the following additional benefits: -
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You can appoint your own choice of Trustees and Executors
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You have the freedom to nominate guardians for your infant children
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You can give legacies to specified beneficiaries
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It can be part of your Inheritance Tax planning.
We view the English Will as the primary document. This is where you nominate your Trustees and Executors and make small bequests etc. The Spanish Will is "bolted on" and is only concerned about the future ownership of your property in Spain.