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 10 Spanish Wills (Read 11126 times)
Bunter
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Spanish Wills
Aug 15th, 2014 at 3:39pm
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Hello Yawl

If you have made a Spanish Will and have not added thereon that you wish the will to be dealt with under UK rules and customs then from 17th August 2015 The law has been changed and states if that is not in the will it will be dealt with under Spanish law.

It is important to remember that in Spain there is a period of 6 months from the death of a person to declare the Inheritance Tax and present the forms in the tax office, after which the Spanish authorities impose tax penalties.


Following publication of the Regulation of the European Parliament and of the Council No. 650/2012, of July 4, 2012 in matters of succession and the creation of a European Certificate of Succession, will be applied to your wills and inheritance in Spain the applicable law of the habitual residence (SPAIN) and not the nationality of the testator (Article 21), unless otherwise stated in a will or other public document (art. 22). It means that in your will, must be included a clause stating the following: "The testator expresses that his/her will is that his/her succession is ruled by his/her personal law in the moment of his/her death". If it does not appear, the spanish law will be applicable to the will and to the inheritance, meaning that an important part of the property will go for the children although that it is not the wish.

The provisions of this Regulation shall apply to the succession of people who die on August 17, 2015 or after that date.

When the deceased had chosen before August 17, 2015, the law applicable to his succession, that election shall be valid if it meets the conditions previously explained.

The provisions of the European Regulation shall apply to the estates of persons who die on August 17, 2015 or after that date.

Dewey, Cheatham, & Howe
Solicitors.
  
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Michael
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Re: Spanish Wills
Reply #1 - Aug 15th, 2014 at 8:08pm
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Bunter.  You are usually such a mine of useful information but 'Do We Cheat Them and How' for the firm of lawyers who came up with this does rather cast doubt as to its authenticity. 

I will, however, check with Swindle Hallot Solicitors to see if they know anything about this.
  
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Bunter
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Re: Spanish Wills
Reply #2 - Aug 15th, 2014 at 8:13pm
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Sorry Mike my little "Joke" at the end. Well spotted most just hear a zoom over their head.

Huh Huh Huh Huh
  
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Bunter
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Re: Spanish Wills
Reply #3 - Aug 20th, 2014 at 3:02pm
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Spanish Will and Probate Law: The European Regulation 650/2012, Wills, inheritance and succession of foreigners in Spain.
CONSULTATION:

Dear Lawyer,
I have been advised by our solicitor that a Will raised in Spain will soon become illegal unless a certain codicil is added, due to the Government altering the law for foreigners (extranjeros). Is that correct as per Spanish Wills and Probate Law?

Dear Reader,

It is not correct to say that the old Spanish Wills granted by foreigners ( English, Irish, Scottish, American, etc.) in Spain will become illegal.

The situation it is that as per the European Regulation No 650/2012, the applicable law to the Succession / Inheritance will be the law of the country where the deceased had his/her habitual residence at the time of death. Also as per its article 22 the testator /testatrix can opt expressly at the time of making the Will or at time of Death, for his/her national Law. This Regulation, shall apply to successions of person who die on or after 17 August 2015.

To give an example, if you are English and living in Spain, and you die on or after 17/08/2015, your succession will be governed by Spanish Inheritance Law, unless you have opted for your national law. This is important, since a succession governed by Spanish Law includes forced heirs, i.e: descendents which must inherit at least 2/3 of the estate, whereas English Law does not have forced heirs and you can leave, generally, everything to whoever you want.

If you have children but on your Spanish Will you left everything to your wife, this will only be possible if English Law applies, so you need to make sure that on your Spanish Will, you opt for your national Law ( English Law).

Therefore, it is not that the Wills will become illegal, rather the wording of the Will would only be fulfilled if it is in line with the applicable law. Also that the Will could be contested.

In the case that your Will’s provisions are not possible under Spanish Law but only under your national law, we advise you to sign a new one opting for your national law, if you haven’t already done so. We also advise you sign a new Will rather than a codicil, the costs are similar, but it is better, clearer, and there will be only one document to administrate, etc.

Sometimes, it is not relevant which law applies to your Will and Inheritance. For example if you have neither children nor parents and you leave everything to your wife, it will be possible under both the English and Spanish legal systems, therefore you would not need to change your Will.

If you are not sure which law will apply to your succession or if your Will should be updated, we can assist you. The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.


White & Baos
Tel:+34 966 426 185
E-mail: info@white-baos.com
  
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Tony
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Re: Spanish Wills
Reply #4 - Aug 20th, 2014 at 5:04pm
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According to Expats in Spain  (to be found on Facebook) this regulation does not apply to the British, Irish and Danish because our countries did not sign up to the new European Act.  They say to be aware of law firms who try to suggest that you change your will.
  
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Bunter
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Re: Spanish Wills
Reply #5 - Aug 20th, 2014 at 6:01pm
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They did not sign up to it but I think you will find it will be used.You do need to seek legal advice.We insisted that clause went in our Spanish wills last year just to make sure our wishes are carried out under UK law so it will stop every Tom , José and Maria having a chunk.

Quote from Law firm below.

Unfortunately,
it is not clear if
Ireland, Britain
and Denmark are
considered to
be a ‘third state’
under this part of
the regulation.
This leads to
uncertainty in
relation to the
impact of the
regulation on
Ireland, Britain
and Denmark

http://www.aileenkeogan.ie/images/Succession_Slalom_Gazette_December_2013.pdf

  
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Oenz
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Re: Spanish Wills
Reply #6 - Oct 8th, 2014 at 5:02pm
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I need to get a Spanish will sorted as I have just recently purchased a property. Any recommendations?
  
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Re: Spanish Wills
Reply #7 - Oct 8th, 2014 at 6:12pm
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From an older post: (I will go there myself this autumn, costs seems to be around 50 euro)

Notary: Don Pedro Francisco Carpena Sofio, Teodoro González 3, 43500 Tortosa
+34 977446630 and +34 977446406, pfcarpena@correonotarial.org
Language(s) spoken English, Spanish
Office hours 16/06-15/09 09:30-14:00 ,16/09-15/06 09:30-14:00 16:30-19:00
  
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Oenz
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Re: Spanish Wills
Reply #8 - Oct 9th, 2014 at 12:02pm
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El_Alto wrote on Oct 8th, 2014 at 6:12pm:
From an older post: (I will go there myself this autumn, costs seems to be around 50 euro)

Notary: Don Pedro Francisco Carpena Sofio, Teodoro González 3, 43500 Tortosa
+34 977446630 and +34 977446406, pfcarpena@correonotarial.org
Language(s) spoken English, Spanish
Office hours 16/06-15/09 09:30-14:00 ,16/09-15/06 09:30-14:00 16:30-19:00


Thanks for the details. Yes he is very good. I have used this notary before with my solicitor when I did a Power of Attorney for the purchase of my property. I didn't realise they did wills as well.
  
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Bunter
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Re: Spanish Wills
Reply #9 - Jan 15th, 2015 at 2:02pm
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Aug 2015 The law re Spanish wills will change. If the added clause in your Spanish will is not added that you wish your goods etc to be disposed of under UK law your Spanish will now will be dealt with as per a Spanish death ie half to the surviving spouse the rest to the children etc (Step Children have no claim) This is for the whole of Spain and a few other EU countries. Please read the directive below I know it's old but this is the law to be. In short no clause in your current Spanish will you are dealt with after August as a Spanish Citizen after death. So therefore you need a new will stating you wish to be dealt with under UK law and leave it all to Mave at the dogs home if you wish.  Cool

http://ec.europa.eu/justice/civil/family-matters/successions/index_en.htm

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:201:0107:0134:EN...

http://www.aileenkeogan.ie/images/Succession_Slalom_Gazette_December_2013.pdf
  

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Last_will_And_Tortosa.jpg
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RiumarPat
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Re: Spanish Wills
Reply #10 - Jan 19th, 2015 at 5:52pm
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Do you know if this new law applies to non residents with property here?
  
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Re: Spanish Wills
Reply #11 - Jan 24th, 2015 at 8:56am
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Quote:
Do you know if this new law applies to non residents with property here?



Hi Pat.

        The SR Zone immovable assets of British citizens living in the United Kingdom will be subject to the jurisdiction of the courts of the SR Zone state. Whilst the law of the habitual residence applies, this includes PIL and renvoi back into the SR Zone. The local law will be applied to the local immovables only. This will not represent a significant change in France, but will in Spain or Portugal, where currently the renvoi has generally not been accepted.

A choice of national law by a UK citizen for his Spanish immovables would be of the relevant internal law of part of the UK. This will be vital for most existing UK citizens with immovables in Spain or Portugal.

A choice of national law by a UK citizen living in Spain would be of the relevant internal law of part of the UK. The ability to choose the law of England & Wales or of Scotland will be novel in France and Spain, but less so in Italy, where a form of choice of law already exists.

UK Nationals resident in the SR Zone

The estates of British citizens living in France, Spain, Italy or Portugal will be subject to the jurisdiction of the courts of that state. The local law will be applied to the worldwide assets and any non-SR Zone assets not so passing, may be brought into account.

Thus immovables in England & Wales will, under UK PIL, pass subject to Anglo-Welsh law, but will be brought back into account in the administration in France, Spain or other SR Zone state. This will be a significant change in France and Germany which currently do not bring foreign immovables back into account..

Local clawback rules will apply to lifetime gifts whether made within or outwith the SR Zone.

Taken from below.

http://www.lawskills.co.uk/articles/2012/10/the-european-union-succession-regula...
  
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Re: Spanish Wills
Reply #12 - Feb 3rd, 2015 at 7:29pm
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To make sure that all was correct in our wills we contacted Casper, (English speaking)  at Pedro Feo.Carpena Sofio,  Notario, in Tortosa.
We made an appointment, went along and decided to make new Spanish wills. Casper was most helpful.
All he needed was passports and N.I.E.
The notary then explained the documents to us and we were asked to sign them. Total cost 46 euros each.
For peace of mind, well worth the money.
  
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Robin_B
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Re: Spanish Wills
Reply #13 - Jul 9th, 2015 at 3:39pm
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We, the wife and I went along today to see Gasper/Notario
in Tortosa, we were warmly welcomed by the staff who sorted
out our wills quickly and efficiently.

Many thanks for the information given.

RobinB
  
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