RESIDENTS have until 17th August to change Spanish Will

Thank you - It's always good to have reminders like this.


Jan

I spoke to my solicitor about this 'must be done by' date.
She said that a will can be changed, re-written, etc at any time.
People who become residents after 17th August 2015 will have the right to have their wills administered
in their country of origin should they so wish. Am I being mis-informed?

Jordy

Jordy wrote:I spoke to my solicitor about this 'must be done by' date.
She said that a will can be changed, re-written, etc at any time.
People who become residents after 17th August 2015 will have the right to have their wills administered
in their country of origin should they so wish. Am I being mis-informed?

Jordy

Sounds about right to me!


It appears, in my understanding of this situation, that for those who are Resident now it would be advisable to do this by the date indicated above. However, common sense dictates (I would think) that anyone becoming Resident after this date or anytime in the future must be able to sort their Wills out then. The same way a Non-Resident could change their Will to suit their circumstances if they become Resident at any time or vice-versa.


This is only my take on this situation but it seems feasible to me!

Jan

I tend to agree with your supposition, but this is Spain. If it was the "day to day" norm to change your will at any time - why have they stipulated 17th August, (under the supposition, there is no need for a cut-off date).
It has a lot of Residents taking the new option, on Friday I was at the Notary with 26 other Residents ALL creating New Wills.

Clivespana

Have just found this web page, does not answer all our questions but gives the overall picture.

http://ec.europa.eu/justice/civil/famil ... dex_en.htm Succession & Wills.

Clivespana

clivespana wrote:I tend to agree with your supposition, but this is Spain. If it was the "day to day" norm to change your will at any time - why have they stipulated 17th August, (under the supposition, there is no need for a cut-off date).
It has a lot of Residents taking the new option, on Friday I was at the Notary with 26 other Residents ALL creating New Wills.

Clivespana

Under the supposition there is a need for a cut off date for the new law to come into place which will affect those who are Resident now. This new law has been a couple of years in the pipe-line, so theoretically many Residents may have already changed their Wills as the 17th August deadline was set quite a while ago.

This may help explain too, for those who still need an explanation (This article was written in 2013 so shows how long this new law has been known about):
http://www.abacoadvisers.com/spain_expl ... anish-will


Jan

Just an update:
My partner & I made an appointment with the Notary office in Rojales for last Thursday (20th).
They produced new individual wills for us which included the codicil that they would be administered under English (not British) inheritance law. All done & dusted within about an hour & cost a total of 80.72 euros.
There was no mention of cut-off dates & our wills are now registered in Madrid.
Sorted!

Jordy

Jordy wrote:Just an update:
My partner & I made an appointment with the Notary office in Rojales for last Thursday (20th).
They produced new individual wills for us which included the codicil that they would be administered under English (not British) inheritance law. All done & dusted within about an hour & cost a total of 80.72 euros.
There was no mention of cut-off dates & our wills are now registered in Madrid.
Sorted!

Jordy

for that info.

The way I see it, the cut-off point date was a legality for when the law came into place - If a Resident hasn't changed their will and died after this date (not before!) then the original Will would be used and that could cause a few problems as the new law has come into force.

The changing of the Will as in any country can be done anytime but obviously the sooner the better for the Residents in Spain...just don't die before doing it...sorry but that's the gist of it! IMO

Jan