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Making a will - any recommendation?
Re: Making a will - any recommendation?
by Pioneer » Sun Oct 28, 2018 11:14 am
Yes Scooby, Not a lot of people know that! I have always gone directly to the Notary or Registrar. The latter depends on your level of Spanish, fluency required. I sacked one solicitor & a conveyancer when buying my house. I did it all myself. I found out more than any solicitor ever told me.
- Pioneer
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- Which part of Spain are you from?: Rojales
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Re: Making a will - any recommendation?
by Pioneer » Sun Oct 28, 2018 12:02 pm
I agree completely with Scooby on not being 'obligatory' to employ a solicitor. I have done everything for myself and my friends & clients by going direct to the Notary but it does require a higher level of fluency without a translator. Also a higher level of patience with the legal assistant Judith in Rojales Notary as she is quite wrong arrogant & ignorant. Each time I have checked her documents I have found substantial mistakes. When buying my house, I sacked a solicitor & then a conveyancer and found out more than they would ever tell you.
I advise to have a complimentary English Will as well as the dual Spanish one when there are assets in both countries. The dual Spanish will complicated things for my inheritance of English assets as would a sole English will for Spanish assets. Not impossible but advisable. By complimentary I mean not to include the clause 'This will revokes all other wills' if you make both. Also remember to have the reference to the laws of your country of origin to apply if you wish. I was insisting on this before the Notary knew about it.
Another thing I found out the hard way when applying for English probate. Probate had 5 different people contradicting themselves in what they required including confusing their own rules. I have everything documented & recorded. Eventually I dealt only with the national manageress & even that took many e-mails to satisfy their needs. It didn't help when some documents were lost in the post, this time the English end!
Another thing, the final step is to swear an oath. This is free in any British probate office. They say about £10 - £15 in any British solicitors. No Spanish trained solicitor has this power. Even the British Consulate who have it in their Fees price list direct you to a notary. Very stupid! The British document 'Swearing the Oath' can be done directly with a Notary with all the necessary expense of apostillising, translating & notarising or even more expensive through a solicitor. Why not an English registered solicitor over here I hear you ask? Wait for it. There are. One in Marbella who comes to Alicante every fortnight & one English lady in Albir near Benidorm and we all know where that is. The Spanish one wanted €350.00 +. Needless to say he didn't hear from me. It is cheaper to fly to England & do it there. The English lady's secretary quoted €45 per document, 2 necessary £90. When I arrived the solicitor herself classified them as one document and only €40 not 45. Voilá. I now have the probate documents for my inheritance, let's just hope the postal system does not lose this.
English Solicitor https://www.expresslegalsolicitors.com/ ... ish-wills/
I can also advise on alternatives as the Spanish will is registered permanently in Madrid. PM.
I advise to have a complimentary English Will as well as the dual Spanish one when there are assets in both countries. The dual Spanish will complicated things for my inheritance of English assets as would a sole English will for Spanish assets. Not impossible but advisable. By complimentary I mean not to include the clause 'This will revokes all other wills' if you make both. Also remember to have the reference to the laws of your country of origin to apply if you wish. I was insisting on this before the Notary knew about it.
Another thing I found out the hard way when applying for English probate. Probate had 5 different people contradicting themselves in what they required including confusing their own rules. I have everything documented & recorded. Eventually I dealt only with the national manageress & even that took many e-mails to satisfy their needs. It didn't help when some documents were lost in the post, this time the English end!
Another thing, the final step is to swear an oath. This is free in any British probate office. They say about £10 - £15 in any British solicitors. No Spanish trained solicitor has this power. Even the British Consulate who have it in their Fees price list direct you to a notary. Very stupid! The British document 'Swearing the Oath' can be done directly with a Notary with all the necessary expense of apostillising, translating & notarising or even more expensive through a solicitor. Why not an English registered solicitor over here I hear you ask? Wait for it. There are. One in Marbella who comes to Alicante every fortnight & one English lady in Albir near Benidorm and we all know where that is. The Spanish one wanted €350.00 +. Needless to say he didn't hear from me. It is cheaper to fly to England & do it there. The English lady's secretary quoted €45 per document, 2 necessary £90. When I arrived the solicitor herself classified them as one document and only €40 not 45. Voilá. I now have the probate documents for my inheritance, let's just hope the postal system does not lose this.
English Solicitor https://www.expresslegalsolicitors.com/ ... ish-wills/
I can also advise on alternatives as the Spanish will is registered permanently in Madrid. PM.
- Pioneer
- Posts: 87
- Joined: Sun Mar 01, 2015 8:41 pm
- Which part of Spain are you from?: Rojales
- Gender: Male
Re: Making a will - any recommendation?
by Pioneer » Sun Oct 28, 2018 12:06 pm
Of course Scooby's Notary is a good find, Seems to cover all my diatribe. Good find.
- Pioneer
- Posts: 87
- Joined: Sun Mar 01, 2015 8:41 pm
- Which part of Spain are you from?: Rojales
- Gender: Male
Re: Making a will - any recommendation?
by Rhaphanidosis » Sun Oct 28, 2018 12:13 pm
We used Jose Luis Bellot, a Notoria at C/Valentin Fuster 2, Rojales. From memory it was about 46 euros each.
The number is 966715167.
The number is 966715167.
-
Rhaphanidosis - Posts: 277
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Re: Making a will - any recommendation?
by mondo » Sun Oct 28, 2018 12:39 pm
Be careful when writing a will. There are things you should think about..
Many will say, "If I die my spouse will inherit everything..it´s easy"
But suppose you both die in a car crash?...what then.. ?.. Who manages the will.. and at what cost?
and what about children of different spouses?
If the father dies would everything go only to the current wife, or would he want some to go to his child/ren?
Now suppose that in the car crash, he dies.... normally everything goes to the spouse ...then 3 days later she dies... what then?.. would all the estate go to her children and none to his?
Making a will is a minefield... think carefully .. be wary of "one size fits all"
.
Many will say, "If I die my spouse will inherit everything..it´s easy"
But suppose you both die in a car crash?...what then.. ?.. Who manages the will.. and at what cost?
and what about children of different spouses?
If the father dies would everything go only to the current wife, or would he want some to go to his child/ren?
Now suppose that in the car crash, he dies.... normally everything goes to the spouse ...then 3 days later she dies... what then?.. would all the estate go to her children and none to his?
Making a will is a minefield... think carefully .. be wary of "one size fits all"
.
- mondo
- Posts: 2776
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- Which part of Spain are you from?: Benimar
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