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Wills for Spanish Property owned but no residency

Posted: Tue Apr 11, 2023 4:52pm
4 replies91 views5 members subscribed
CathyCarlton

Posts: 6

Location: Riviera del Sol

Joined: 20 Nov 2021

Any advice on what to do for a Will.  We own an apartment that we bought after the death of my Brother and is in mine and my husbands name.  In the event of either of our deaths we would like the property to be eventually left to our 2 children.  My Husband has 2 Boys from his previous marriage and we have provisions for my Step Children in there.  Do we need a Spanish Will and can you recommend anywhere at a reasonable cost.  We are in Rivieria, Mijas Costa.  Any advice would be very much appreciated.  :)

Jan1224

Posted: Wed Apr 12, 2023 12:06pm

Posts: 14

1 helpful points

Location: Calahonda

Joined: 8 Apr 2022

Posted: Wed Apr 12, 2023 12:06pm

Age Concern Spain do wills.

Mikael51

Posted: Mon Apr 17, 2023 12:30am

Posts: 27

19 helpful points

Location: Casares

Joined: 20 Mar 2023

Posted: Mon Apr 17, 2023 12:30am

CathyCarlton wrote on Tue Apr 11, 2023 4:52pm:

Any advice on what to do for a Will.  We own an apartment that we bought after the death of my Brother and is in mine and my husbands name.  In the event of either of our deaths we would like the property to be eventually left to our 2 children.  My Husband has 2 Boys from his prev...

...ious marriage and we have provisions for my Step Children in there.  Do we need a Spanish Will and can you recommend anywhere at a reasonable cost.  We are in Rivieria, Mijas Costa.  Any advice would be very much appreciated.  :)

You need to consider the terms of any other will you have made perhaps in the UK and whether it refers to your worldwide assets and if so does it need to be amended to exclude assets in Spain?  You can then instruct the Notario's office in Mijas to prepare wills for both of you...full names, previous names, status ~(married etc) names of all the children and their origin (details of their birth parents) their dates of birth and hand in to the notario's office with any special instructions..notario in Mijas very helpful so should not be a problem...will not cost you much, will be registered at the wills registry in Madrid and originals kept in the Notario's archives...tell the children what you have done and give them copies ...

Jane1817

Posted: Mon Apr 17, 2023 8:48pm

Posts: 125

30 helpful points

Location: Frigiliana

Joined: 4 Dec 2018

Posted: Mon Apr 17, 2023 8:48pm

We’ve done a cross boarder will in uk, as we have assets in uk and Spain, so we don’t have to make a separate will in Spain.

Mikael51

Posted: Mon Apr 17, 2023 9:11pm

Posts: 27

19 helpful points

Location: Casares

Joined: 20 Mar 2023

Posted: Mon Apr 17, 2023 9:11pm

Jane1817 wrote on Mon Apr 17, 2023 8:48pm:

We’ve done a cross boarder will in uk, as we have assets in uk and Spain, so we don’t have to make a separate will in Spain.

Can still create problems on death...the inheritance provisions ask for a lot of documentation, translations, etc...given the simplicity of making a spanish will, and the reduction in costs, could be worthwhile considering...often people recommending cross-border wills are unaware of the administration in another jurisdiction 

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