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EU directive which Spain has signed off on affects wills?

EU directive which Spain has signed off on affects wills?

Postby Baldy dave » Mon Jul 06, 2015 8:27 am

Had a meeting with my FSA here in the UK last week. He raised my wills and said that from Aug 13 i should destroy my Spanish one because of a EU directive which Spain has signed off on, on wills becomes law on that date where i Only have to have a will in the country that i wish to run my inheritance in . Obviously he is after more work but i have read nothing here on the upcoming change and wondered if anyone in Spain has a view from the Spanish end. I did raise UK quiting eu as elephant in room but he assured me that it is irrelivant on whether uk is or is not a member of EU as somebody who comes from outside EU can also do it and the rule was to make sure that your will was done in the country that had the best inheritance rules as far as you were concerned, whether that was tax or other quirky family things.
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Re: Wills

Postby marcliff » Mon Jul 06, 2015 8:43 am

This has been discussed at length on here
insurances-and-wills-in-spain-f113/will-in-spain-do-you-need-to-write-a-new-one-t1175.html

Your advisor is wrong. You still need a Spanish will but it has to state that assets will be disposed of according to the rules of your home country.
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Re: Wills

Postby Juanita » Mon Jul 06, 2015 5:39 pm

Totally agree with Marcliff. Just go to a Notary and get a will drawn up (or amend a current one) much cheaper than going through Solicitor and they usually have someone in the office who speaks English. We had ours amended in the Notary Rojales and paid just over 40 euros each.
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Re: Wills

Postby Lulu » Mon Jul 06, 2015 5:47 pm

You still need a Spanish however if you read my previous post you just include in it and the Notary will know what the clause is so that you will be dealt with under British law if you choose. If you do not own a property in spain or have no other assets here in spain then its not necessary only if you have property and assets here and you have children or you are married. Under Spanish law if you die and you have not specified your property and assets will be dealt with under Spanish law ie divided up between who ever is left equally and will not go directly to your spouse if you have one.
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Re: Wills

Postby Jordy » Tue Jul 07, 2015 9:59 am

We've been pushing this one to the back burner but must do it soon.
So, if my solicitor who arranged my Spanish Will and still holds all of the documents, how do I arrange it
so that a Notary can amend it? Do I have to collect it & take to a Notary? Thanks.

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Re: EU directive which Spain has signed off on affects wills

Postby Juanita » Tue Jul 07, 2015 5:13 pm

Take a copy of your will to a Notary with your passports and residencia certs.
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Re: EU directive which Spain has signed off on affects wills

Postby Lulu » Tue Jul 07, 2015 5:32 pm

All wills made in Spain are held in Madrid and your solicitor will know how to get it.
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Re: EU directive which Spain has signed off on affects wills

Postby Jordy » Thu Jul 09, 2015 6:52 pm

Thanks Juanita & Lulu. So, to get a copy I still need to involve my solicitor then?
They don't make it straight forward do they? :?

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Re: EU directive which Spain has signed off on affects wills

Postby Juanita » Fri Jul 10, 2015 5:15 pm

Not sure to be honest as we already had a copy of our old will. I would suggest popping into the Notary and asking them if they want a copy of the current will or even if they can get a copy for you.
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