WILL IN SPAIN (“TESTAMENTO”)
If you own a property or any other assets in Spain, it is highly recommended to make a Spanish Will.
Should I have a Spanish will?
The answer is YES.
If you own a property or any other assets in Spain, you should make a will in Spain.
The process of transferring your Spanish assets to your heirs is much simpler if there’s a Spanish will.
Which are the benefits of making a Spanish Will?
These are the benefits of making a Spanish Will:
- BENEFIT ONE – It avoids time-consuming and expensive legal issues that your heirs will have to resolve.
- BENEFIT TWO – Spaniards have to divide their assets equally among their heirs, and leave two-thirds of it all to their children. As a foreigner, you are exempt from this ruling and you can bequeath your assets to whoever you want, if the law of your home country permits it.
What assets does my Spanish will («testamento») cover?
The Spanish Will covers all assets located in Spain.
You should have a foreign will to cover any assets that you have in other countries.
What happens if the deceased has not left a will?
When the deceased has not left a will, the Spanish Law of Succession determines who shall inherit in the following order:
- The descendants of the deceased inherit in equal shares.
- If there are no descendants, the ancestor.
- If there is no ancestor, any brothers or sisters of the deceased inherit in equal shares. If any brother or sister of the deceased has predeceased and left children, the children inherit their parent’s share in equal shares.
- If there are no brothers or sisters, nephews or nieces, then cousins, if any, inherit.
- Finally, if none of the above family members exist, then the deceased’s estate is inherited by the Spanish Government.
How can Reuters Solicitors assist you with your will?
Once you discuss with us the full details of your intentions, we draw up the will, following your wishes to the extent possible, while adhering to requirements of Spanish law regarding wills. To be valid, this will need to be notarized.
We will need you to:
- Provide the data for you, your heirs, and anyone else mentioned in your will.
- Choose a notary (or choose the location in Spain most convenient to you, and we will contact a notary there).
- Sign the will at the notary’s office.
A copy will be given to you. The original will be kept at the notary’s office, thus avoiding risk of loss or theft.
In addition, the notary sends a report to the Ministry of Justice, simply notifying the Ministry that the will has been made, without disclosing the contents.
What should I have to take into account while doing a will in Spain?
We would like to point out that the Will is a personal disposal of your assets, so each person has to do his own Will.
Therefore, in case of a couple, each member has to legalize his/her own Will.
The content of the Will can be changed during the testador´s life following the same process explained above.
REUTERS SOLICITORS can assist you with your Spanish will.
In case you are not able to travel to Spain to sign your Spanish Will, we can also assist you.
It is possible to sign your Spanish will in the presence of a Notary Public in your home country. The will must then be registered in Spain. REUTERS SOLICITORS will deal with the whole process.
Do not hesitate to contact REUTERS SOLICITORS for free consultation:
hello@reuterssolictors.com
0034 686602953
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