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Spanish Wills

Spanish Wills

Postby roberthamilton » Thu Jan 30, 2020 7:28 pm

Hi,

We already have Spanish wills in place from when we purchased a property in 2018.

Since then we have got married in Dec 2019, do we need new wills again or will the old ones do ?

Also without speaking to a lawyer where can you get details of Spanish inheritance tax thresholds.


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Re: Spanish Wills

Postby Babu » Thu Jan 30, 2020 9:01 pm

Unless you were conned into doing your wills via a solicitor (with vastly inflated prices) you would have had your Spanish Will via a Notary, a quick call to them will establish if you need to update it. There are many armchair warriors on here and Facebook (me included) who will profess to know all the ins and outs of Spanish Inheritance, but in truth there are so many variables including where you live, where you come from, what you have put in place financially and who you have specified as inheritors you would need professional help to establish your position. Unlike in the Uk, Spanish laws/rules are regional, not national so there is seldom a universal position . . . .
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Re: Spanish Wills

Postby Lockey57 » Fri Jan 31, 2020 10:34 am

:text-goodpost:
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Re: Spanish Wills

Postby The Accountant » Fri Jan 31, 2020 3:40 pm

Marriage invalidates a will. (edited to say - unless the will was made with the expectation of said marriage)
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Re: Spanish Wills

Postby roberthamilton » Fri Jan 31, 2020 5:47 pm

:text-thankyouyellow:
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Re: Spanish Wills

Postby Shiva » Fri Jan 31, 2020 8:46 pm

The Accountant wrote:Marriage invalidates a will. (edited to say - unless the will was made with the expectation of said marriage)

Are you saying that is the fact in Spain? It is not necessarily true elsewhere. Of course the OP should check with whoever drew up the will or with a local solicitor, too important to leave to chance or interpretation of stray commentators on here. Elsewhere, for example, in Scotland I have a will dated from the 1990s.Subsequently married and double checked with solicitor that it was still valid ( had no change to the provisions of the will) and told yes, didn't need to make another. But of course Spanish law may be different so would advise checking with a qualified person...
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Re: Spanish Wills

Postby roberthamilton » Thu Feb 20, 2020 1:42 pm

We've got legal advice from the original lawyer/notary who done the original wills and their response is as follows :

They both still stand. Your marriage does not affect the wills neither the persons who inherit.

Regarding the inheritance tax I can confirm you that as you are married you are not paying taxes until the value of the assets reach 100.000 €uros. From this amount there is a scale that we will need to calculate once one of you pass away.

:text-thankyouyellow:
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