I need advice about making a Spanish will.

[mariben]

I would like as much advice as possible on making a Spanish Will. I have been told by many people that if you have a property in joint name in Tenerife and one of you die the propery does not automatically go to the husband or wife, I was on the understanding that if you make a Will requesting that the property goes to your husband or wife thats what would happen, but now I'm being told that the children are entitled to half the property, please can you tell me if this is true. Thank you

[Tizer]

Hi Mariben

If you have made a spanish will it will go the the surviving partner. I have just about finished the process two years after . . . .
I did have to have the English will completed, probate & apostilled in England first then 'officially' translated etc here, BEFORE they would start the whole spanish process. Even though we didn't own anything in UK. You need to have proof that your partner lived here for five years previously (this only applies in the Canary Islands, but it is beneficial). Oh and you need to be registered with the Hacienda (Tax Office here). I had fantastic Spanish friends who knew their stuff.

[atlantico]

surely if the property is in joint names, the other partner already owns 50%, so you 'will' the other 50% to your spouse. I think its a case of if you have no will, it automatically (your 50% share) go to blood kin - children in other words

[Tizer]

Yes, you are probably right. It is important to make a spanish Will, with legal advice and with a Notary. I have have also had to so the same with the car, as that wasn't in joint names.

[Balcony]

There is a set way by which assets of a deceased person are disposed of in the event of no will. It's common is many european countries.

It's important, therefore, to draw up a 'Spanish will' - especially if you are non-resident and, I will see, non Canarian.

The easiest way is to take your will (in English) direct to a notary in Tenerife. They will prepare the will for Spain - ours in Los Cristianos also translated it. Once it's ready, go back and formalise it and the notary will register it. Job done.

[mariben]

Thank you all for your replies, this is a great help.

[kez1000]

It is similar to the will system in the UK. The issue of who gets your property in the event of one partner passing is decided by a will, that's its purpose. If there is no will someone else decides, usually the state (this is the same in UK and Spain I beleive) - that is why so many people speculate about who gets what, in the absence of a will it is not always straigh forward.

We got our Spanish solicitor to do ours and basically, it points to our UK will and respects the asset division of that will that my wife and I specified. The only difference I did learn in the process is that ownership of property in Spain is treated as 50/50 on the death of a partner and the other partner does become liable to pay a small tax on the other partners half of the property at death. Can't remember what the tax was called but this is not the case in the UK.

We paid about 450 euros for advice and the Spanish will but to be fair, it wasn't straigh forward with our assets so was happy to pay my Tenerife solicitor to do for me. I guess that if you work all your life accumulating whatever it is you have and want to pass it on to someone in the most clean and tax efficient way, you would normally ask, how much is that worth to you to get it done right. I am sure however a DIY will would work where for example there are no extenuated family or assets beyond the home.

Regards


KeZ

[mariben]

It is similar to the will system in the UK. The issue of who gets your property in the event of one partner passing is decided by a will, that's its purpose. If there is no will someone else decides, usually the state (this is the same in UK and Spain I beleive) - that is why so many people speculate about who gets what, in the absence of a will it is not always straigh forward.

We got our Spanish solicitor to do ours and basically, it points to our UK will and respects the asset division of that will that my wife and I specified. The only difference I did learn in the process is that ownership of property in Spain is treated as 50/50 on the death of a partner and the other partner does become liable to pay a small tax on the other partners half of the property at death. Can't remember what the tax was called but this is not the case in the UK.

We paid about 450 euros for advice and the Spanish will but to be fair, it wasn't straigh forward with our assets so was happy to pay my Tenerife solicitor to do for me. I guess that if you work all your life accumulating whatever it is you have and want to pass it on to someone in the most clean and tax efficient way, you would normally ask, how much is that worth to you to get it done right. I am sure however a DIY will would work where for example there are no extenuated family or assets beyond the home.

Regards


KeZ

Thank you for the information, you get told so may different things you don't know what is right or wrong, I think that is the best thing to do, get a solicitor and he or she will sort it all out. Many Thanks

[almendros]

Has anybody recently had a spanish will done (I am non resident status) that could advise me as to cost and recommend a company who specialises in wills around adeje area

Thanks

[barryk]

I recently used De Cotta Law (advert in Canarian Weekly for contact details). My will was fairly straight forward and cost abot 260 euro. De Cotta Law sent me will form to complete and the next time I was in TFS went with me to the notary, signed in front of the notary and the authorised will was availble for collection complete with english translation about a week later.

May be not the cheapest but no hassel and the knowledge it has been overseen by a professional.

I am advised that you can do it yourself but if you are not fluent in Spanish may be more trouble than it is worth
De Cotta Law also speak fluent English

Barryk