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2007-02-08 07:03:00 · 4 answers · asked by HelsWigsy 2 in Travel Spain Other - Spain

4 answers

Please don't go to a lawyer for this service as you do not need a lawyer to get a Spanish will, also it will cost you more than you need to pay. Spanish Translations will do it for a fraction of the cost and you do not need to be in Spain to do it either. Take a look at the site and go through the FAQ'S
I have used their services on many occasions and been more than happy
Barmy woman speak to the people I have recommended before putting your mouth into gear. These people go to the notary on your behalf or with you, and as I said for a fraction of the cost
http://www.purpletranslations.com

Ann
You have caught me at a good moment winding down after a very stressful week! I’m delighted to help. But sit yourself down with a nice glass of wine because the question isn’t as straight forward as it appears.

A UK will is valid in Spain so really there appears to be no need to make one. However, the English will would then need to pass through the Spanish judiciary to be proved as a valid will which takes time -sometimes 2-3 years. This would lengthen the period to completely settle probate and involves a lot of red tape. Making a Spanish will enables the whole process to be much quicker as the Spanish and UK wills can go through the separate jurisdictions at the same ti

Spanish wills are usually very general and unless there are complicated or unusual circumstances I can see no reason to use a lawyer. If it is a question of “I leave all my goods and chattels to my wife/live in partner and then equally divided between my children, X, Y and Z”, this would not present us with a problem. Equally, we have had wills where the beneficiaries have been left assets “unequally divided”! Since The Torresol Group launched in October 2003, I can only remember two occasions when we had to refer a will to a lawyer.

Lawyers, like Gestors have different areas of expertise. The vast majority of those practising on the Coast del Sol, with a few exceptions, are property specialists. The UK mind however tends to equate “lawyer” with “everything he says must be true”. Not necessarily in Spain, unless the area in question is one of the lawyers specialities. I know many lawyers that don’t bother discussing the concept of “usufructo” which can be appropriate in some cases to mitigate against inheritance tax. I also know other lawyers who have made serious mistakes in processing probate. There are still others who have a side-line in selling insurance against inheritance tax liability whether it is needed or no

Tax protection is another area altogether and best suited to a Spanish fiscal specialist. If you are looking for the comfort factor then find a fiscal lawyer (such as Landwell - PWC in Spain) or an asesoría fiscal. International tax protection is one of my areas of expertise and on complicated cases I work with international tax lawyers. Be aware that there is a lot of propaganda in regards to Spanish inheritance tax in the ex-pat press. It is what is not written in articles that distresses me. The level of advice and understanding in general is quite appalling

OK - now costs

A Spaniard would go to his local Notary and pay around €40. I’ve just made my will and it cost me €37 but I am fluent in Spanish.
An ex-pat could go to his Notary with a translator and it would cost him the same plus translator fees
We provide wills simultaneously in Spanish and English which will cost €155 for a couple (inc. VAT) + Notary costs + Translator (ball park average €270 per couple)
I have had lawyers on the Coast quote up to €350 per person for doing exactly the same job!!!


The main problem is finding a professional that can be trusted. Best advice is ask around and use somebody who is recommended. The key issue is that it must be notarised not whether you use a lawyer.

I’m broadcasting regularly on Coast and Country radio once a month (106 FM also internet stream on www.ccfmradio.com) and invite people to e-mail questions on any subject. I’m already booked in for 8th March and 5th April. I also recorded a chat show “Personally Speaking” for Living in Spain TV recently which goes out on the Sky network end of March beginning of April. Our web site is just changing hands in terms of hosting; I am behind in updating our Downlaod pages which include information on many subjects including wills, inheritance tax and tax in general. I should be able to catch up by the end of this month but it depends on when I can next get access

Hope this helps. Ex-pats have really got to get it into their heads that lawyers are not the be all and end all of everything. Let’s put it this way - they do not work under the same strict regulatory structure as the UK! Equally I have had major rows with UK professionals - lawyers, accountants and IFAs who have absolutely no idea about international matters.

Hope this help

Kindest regards,

MARION HARRINGTON (FAIQ-CII)

Director - The Torresol Group

(Torresol Gestión Integral SL)

2007-02-08 13:15:00 · answer #1 · answered by ann.inspain 4 · 0 3

The person who says not to use a spanish lawyer is daft, use a spanish lawyer who is reccommended to you, who speaks excellent english. There are so many issue within sopanish law that must be dealt with by someone who is fully abreast of the current laws. Inheritance taxes are a minefield here and you must have things sorted properly, otherwise you could end up with nothing except large tax bills! All along the coastal regions there are english speaking spanish lawyers, so there's never a problem finding one. For each country you have any assets within, you must have a will for those assets, you cannot simply add it to an english will as the spanish will not recognise that.
Please don't use a translations service that simply deals with translations as you must ensure the will is current within the laws, translators don't practice law, they translate!

Its costs about 240 as the first answerer stated as the will MUST be notarised by a Notary to ensure it is fully legal. If you do a will in any other way other than using a lawyer and having it notarised, then you /family could be waiting anything up to seven yeras for it to go through probabte, I am not joking, I know people who have been through it because they tried to cut corners. 240€ is only about £160, so compared to a solicitor in the UK, its not that costly, do not take chances or short cuts

2007-02-08 20:29:18 · answer #2 · answered by SunnyDays 5 · 1 1

I made a Spanish will 2 years ago and it cost 240 euros.

2007-02-08 07:35:24 · answer #3 · answered by JillPinky 7 · 2 0

No disrespect to Anne but you need to go and see an English speaking lawyer and it is then notarised i have a Spanish will and i agree with Barmy women that you need to do it with current legislation my wife was married before and if i died my estate would have gone to our oldest lad who is my common law son and my own children would have taken second fiddle.
i wanted it to go to my wife and vice versa and if we both died to all three children equally and one other thing a English will is only valid for one year in Spain and after that it would got to the government so dont let your family down definatly GET A WILL.

2007-02-10 01:35:41 · answer #4 · answered by tonyinspain 5 · 1 0

I know a Spanish lawyer based in Elche and he charges my clients 150€. Don't listen to people who tell you you do not need a lawyer, YOU DO! The law here in Spain regarding wills is different to the UK. Maybe email to my friend and ask him, (he speaks English)
jjarquet@icae.es

2007-02-09 00:17:12 · answer #5 · answered by rose1 5 · 2 1

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