Looking for guest for TV show in Croatia

HI EVERYONE,

JUST FINISHED READING ALL THE UPDATES ON THE THREADS, AND JUST WONDERED IF ANYONE HAS MADE A SPANISH WILL BEFORE COMPLETION.
WHEN WE FIRST SIGNED FOR OUR APARTMENT WE WERE TOLD WE HAD TO HAVE ONE. IS THIS TRUE OR CAN WE DO WITHOUT IT FOR THE TIME BEING?
WE ARE DUE TO COMPLETE END OCTOBER.

ANY INFO ON THIS WOULD BE MUCH APPRECIATED THANKS.

LYNN 

JARDINE 5

Hi Lynn,
I haven't done one yet - but you should do one asap (I am in the course of arranging mine).  My understanding is that if anything should happen, if there is no will it is very difficult for your estate to get hold of your Spanish assets - the initial position is they pass to the state and then there can be a lot of problems getting them back.  Whilst it isn't a legal requirement to get it done, it is certainly advisable.

Ted

Hi Lynn,
We have done ours already from the advice given by our solicitors.
Regards
Mandy

Hi Unnderhand,

How much does it cost and did you do it along with all the other stuff at the completions 'get together' ??

Regards,

We are doing ours today at the Notaries. Originally it was set up to coincide with the completion but as thats been delayed we will just sign the various docts and POA as well as signing the wills. It was a very simple process to create the wills- just a form to complete and return to the Solicitor who then draws it up in Spanish and English for us to sign.

We made enquiries about if it would be sufficient to amend our UK wills but were advised that it causes complications and long delays if you rely on the UK will as the law is different and an English will doesnt carry any weight in Spain.

We hadnt really given the will any thought originally and no-one has told us we must have a Spanish will but it makes sense to us now as we have 3 sons and wouldnt want to give them a further headache.

Billbo,

Separate wills are drawn up for yourself and your partner. We were charged 150 Euros each, which seems to be about the going rate.

Yes we have ours done too. 150 euros each and very easy to do and sort.
It is best to do it!!

The first thing I will say is it is important to have a Spanish Will, although it is not compulsory.  Normally they would follow your English Will to distribute your estate should you have one. 

The reason for having one is a little complicated in that Spanish Law says that for none-domiciled property owners it will abide by the law of their home country, which in most cases here would be the UK, however UK law returns by saying that it will abide by the law of the country in which your estate is concerned (i.e. Spain).  So this is where complications can arise.

So, should anything happen and there is no will in place (known as intestate) the costs for your family or partner in obtaining any or all of your estate can be very expensive.  As you would then need to employ a specialist lawyer.

There are a couple of things different in Spain than the UK.  One is that there is inheritancy tax to pay by the surviving partner in a marriage/partnership scenario.  Also there are three types of Will, the one most of you will need is called an 'open will'.  I'm sure your legal rep will advise.

I think in the scheme of things this is a low cost peace of mind and very simple process to go through.  The sooner you get it done the better.  As Cappielow says, about 150 euros is the going rate.

Best regards to all, and good luck with your move.

Steve.
-------
www.spanishvillacare.com

HI ITS ME AGAIN.

DOES THE SOLICITOR HAVE THE FORMS FOR THE WILLS? WILL SHE SEND THEM TO US BEFOREHAND. OR DO WE FILL THEM IN ON THE DAY WE COMPLETE. 
THANKS FOR ALL YOUR SWIFT REPLIES.

LYNN & DAVE.

Normally, the solicitor will ask you a few basic questions i.e. what percentage of your Spanish estate goes where etc. They normally have a template where they will include your details.  When you arrive at the notary, or prior if you have more time, they will give you a printed copy of the will (which will be in Spanish) and briefly go through it with you.  It is also read out in front of the Notary in Spanish and is translated to you.  Its quite a painless exercise.

The only thing I'm not sure of is because it is a seperate issue than the completion process, whether or not you will do both on the same day or in the same session.  I suppose it depends if your solicitor has applied for both to be done together to save time.  It certainly won't save you money.

Regards,

Steve.
-----
www.spanishvillacare.com

THANKS STEVE.
THATS SOMETHING LESS TO WORRY ABOUT NOW.
LYNN & DAVE
J5

Agree with 'Redmans' post, one other thing to note - advice from my UK solicitor was to ensure that any Spanish will only related to the estate in Spain and does not interfere with any UK will.

I checked this and as it turned out that's how it was written but worth bearing in mind.

Our Solicitor had a template- the will should only refer to property or funds you have in Spain. We completed our template and emailed it back and it was waiting for us (1 each) yesterday to be checked by us and was done in the same meeting as arranging the POA and would have been done at the completion meeting had that gone ahead. Otherwise you would have to do another Notary visit and as we spent 2hr.30mins mostly waiting yesterday I would rather get in done all at one time, they are very very busy in these Notary offices because of the holiday time. There are separate Notary fees for signing the will, arranging a POA (though PW are paying for that) or notarising the completion. We have been told our wills will be an additional 200 euro's each on top of the conveyancing fees plus 80 euro's each for the Notary but the Notary charged only 113 euro's on the day which may have something to do with his office being a different one from the original plan.

I'd try to have it organised to do an the same day as your completion or setting up of the POA.

any chance you can email me a copy of the template please george_hoskins at yahoo .co  .uk   and i promise you a beer when we meet up.thanks in advance george

Sorry George I havent got it any longer. It was just a blank pro forma anyway and when we saw the final version it was far more legally detailed than just the information we had supplied. Im sure your Solicitors will send you their version.