Spanish Will

Maria-I'm confused now, I thought you said a new will had to be made, but this answer implies you can just insert a clause into the old one?

anyway, I would need the clause properly written in a Spanish 

Camposol:

I meant that the text to be placed in the new will will be just the old one ( your decissions already made there) plus the new clause. I do not think a lawyer is necessary for that.

I think that means;   Yes a new Will.,  will have to be made, but as it just to insert a line in the wording of the old Will, one does not need to pay a solicitor to do it for you.  You just pay the Notary for the new Will

PS. Sort of as I said, unless your Will is very complex,  you never need to pay a solicitor to do what the notary is going to charge you to do anyway.  

OR:-    You always need a notary,  you do not necessarily need a solicitor

Therefore a new will has to be printed out, with the uk translation as well.  Surely they wouldn't just insert the clause, as that is a codecil, and Spain doesn't do those, apparently.

how is the original will altered? It would be a different notarys office as, years ago when we made it, our town did not have a notary's office. It does now.

approx how much would a notary charge compared to a solicitor

sounds as if it's easier to do a complete new will, for which a solicitor would be needed!

Sorry if this seems simplistic.  The notary either uses the copy of the original Will, which is on the PC if they did the original one, or can scan it in and OCR it (recognise it as a Word document).  Then they insert the line required and print it. If approved by the client,  it is then sworn and signed by the person making it, the witness,  and the notary.  As I say, sorry for explaining the obvious.

Again sorry if this obvious too,  but   Campo quote:  “approximately  how much would a notary charge compared to a solicitor.”   A solicitor cannot notarise the Will. Only a notary can do that.  So your question has no relevance."

Campo quote  "sounds as if it's easier to do a complete new will, for which a solicitor would be needed! 

The resulting document is a new Will,  and as I keep saying,  one does not need a solicitor to make a Will, either in Spain or in UK.   In Spain it is just another unnecessary charge , as I have again explained only notary can notarise it.  The only reason one might use a solicitor  would be if the Will were very complicated, or the person making if ‘had no idea / clueless’.    

Most Wills are not complicated,  the assets are left to their spouse, or family, or a friend, and in any case, the notary will print out a suggestion in the standard form (like a blank Will which one can buy in HM Stationery Office in UK) and amend it as requested.  Simple..

Sorry if I appear thick, but not everyone is fluent enough to explain this to a notary who doesn't speak English.

What would a notary charge to do this, approx.

perhaps Maria would kindly tell me how to explain that I want The law of my nationality, Britiish, to apply to my assets.

In order to make a Will, or notarise anything before a Notary, he/she must know that the client has understood what they are signing.  So if you cannot explain in a common language ,  then they cannot make any document.

I have no idea what the charge would be.   I will though be making a Will, probably later this week, so I will then know what THAT NOTARY charges.  If I wanted to know what another one charges, I would ask them.

Johnx: you are fully right!

Maria

Campo (and anyone else who is interested).

I have just made a Will.  It took 45 minutes from the time I arrived (without an appointment) until I collected it. I paid the fee of 50.11 €, and left.

Had I needed an interpreter and an English copy I was told it would have had to pay more. I did not ask how much more.

I gave them my passport, and EU Registration Cert, told them I wanted to leave everything in Spain to my wife, and if we die at the same time, my two sons, equally divided between them.  I said I wanted one son named as executor.   I gave his address in UK.

They needed to know the name of my former wife, and my parents' first names.

As I said ‘Simple’  and so it was

PS Thanks Maria

Thank you John ZX,for the info ,did you just use a Notary ,and if so which one ?

Seems that with a solicitor and interpreter, and an English copy non fluent people might just as well make a new will, the cost will about the same as having it amended .

Campo I just sent you a private message.

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In my post I did not say,  that when I arrived at the notary,   everything was done in English. It was only when I was reading the draft that she saw I was reading the Spanish copy and she asked if I spoke Spanish.  So had I not spoken Spanish, there would have been no problem, just more expensive.

Elraso. 

                              I did it myself. (for 50 euros, not 175 as you paid which included your ''unnecessary' solicitor)

As I said most Wills are very simple and in any case the notary will put you right in most cases. They use a pro-forma which they call up and amend.  Example:  I had forgotten to mention what I wanted, if we both died at the same time or my wife died before me.  The notary's clerk  prompted me, as it is necessity to include that in the Will.

So,   "Very Simple"  and not expensive at 50€

PS  I was just listening to a lawyer on REM Talk Radio.   He was talking about Wills (very poor presentation).  He did not mention, and for those who do not know it is important,  in Spain the person inheriting pays the tax on what they are left, not the deceased's estate (as in UK).  And one cannot liquidate the asset (e.g. sell the house) to get the money to pay the tax
 

This message was last edited by johnzx on 09/06/2014.

Am I correct in believing a none resident does not need to change a will because the laws of succession of their national country automatically apply?

This page sets out details of the new law. It may answer some of the questions arising.

http://www.all-law.es/en/2014/04/03/eu-regulation-6502012-matters-succession-creation-european-certificate-succession/

I spotted the ‘deliberate error.’    The page starts with “On the 4th of July 2014, the European Parliament and the Council passed….”    

I suspect that is when it comes onto force,  but I have called the lawyers concerned and left a message asking for clarification.

Isn't August 17th 2015 when it comes into force?

Campo, glad to see your read it

Quote:-     "The EU succession Regulation entered into force the 17th August 2012, but it will only be applicable after the 17h August 2015. Specifically, the rulings of the Regulation will be applicable to persons deceased on the 17th August 2.015 or after that date. (Art 83)."