Like most people we wondered if we needed a Spanish will or not? I cannot give you advise, but would say It will depend on what assets you have in Spain. The general consensus seems to be that you need a Spanish will for your Spanish assets and that you have an English will that refers to your Spanish will. So if you have an English will (or another will) make sure you update it as it won’t be your last will and testament if you have made a Spanish will! You can then refer to your Spanish will in your English will! Confused, I hope not, basically get one in each country and make sure they are both up to date.
Working with My Lawyers in Spain, my husband and I outlined how we would like the wills to read and Alex Radford our solicitor drew up the paperwork individually for us both. The wills were in Spanish with an English translation so we could check everything. Once happy, he prepared the final documentation for signing at the notary. An appointment was made and off we went to Coin to sign the relevant papers.
Prior to the signing of the will, the notary read out the documents and our English solicitor translated everything for us along the way. At the end were were asked if that was all correct, we agreed and duly signed. The notary left the room with the papers (which is quite normal).
We then had to wait whilst the paperwork was stamped and copied for us.
There is a great system in Spain where all wills are noted on a central register. In the event of a death, a relative or solicitor can go to the central register and find out if the deceased had made a will and if so on what date and location. This system easily allows people to find the last will. What a great system and one which I cannot believe has not been adopted globally.
So did we need a will, well technically no we didn’t need one, but it would make life a lot easier for loved ones if there is one in place for when the time arrives. Having a will prepared professionally is not cheap, but it is not that expensive compared to how often you do it and why you are doing it. For me it was worth paying to be safe in the knowledge that should anything happen to me my loved ones can access my assets without any legal concerns or problems and that there will be people on hand to help them.
Having made a will, we hope they are not needed for many, many years. We now have our place in the sun and a place in the campo to enjoy. So let’s move onto the next chapter in our lives ….