At Advocate Abroad® we will sit down with you to discuss your personal circumstances and determine the most appropriate solution to ensure that you protect both your assets and your family and those close to you. This allows us to make the whole process simple, effective and stress free.
What are the benefits of making a Will in Spain?
Making a Will in Spain that deals with your Spanish assets ensures that your wishes regarding those assets are complied with and avoids the possibility that Spanish law would apply.
A Spanish Will avoids the need for time-consuming legalisation and translation of English documents that could delay payment of inheritance taxes and incur punitive fines. All of the above means that your heirs are able to manage the inherited estate at a lower cost and in a much more straight-forward manner.
What should be included in a Spanish will
In order to ensure that your Spanish Will is fit for purpose it should contain a number of clauses:
- The Will should clearly state that it only applies to Spanish assets and not any other.
- Likewise, Wills made in any other country should state that they refer to assets only in that country to avoid any potential confusion as to which Will applies to which assets.
- The Will should declare that the law of succession in your country of origin is governed by the principle of free and unfettered disposition of private property and assets.
The process for making a will in Spain
The process for making a Will is relatively straightforward:
- Discuss how you wish your assets to be distributed with a lawyer in Spain
- The lawyer will write the content of the Will in accordance with your wishes
- The Will is then formally drawn-up by a public notary,
- An appointment is made with the notary to sign the Will
- The notary will provide you with a copy and notify the central civil registy office of the existence of the Will.
What should you avoid?
You should avoid any Will-writing service that does not provide you with a professional draughtsman.
While there is relative freedom of disposition of assets in Anglo-Saxon legal systems, for a Spanish Will to be effective it must comply with Spanish procedure. This means that it will need to be drawn-up by a notary and should therefore be written in Spanish in order to avoid confusion.
An English-speaking lawyer will be able to advise you on this as well as more complex issues such as the validity of trusts in Spain which could cause problems in certain cases.
Would you like your will to be drawn-up in the most tax-friendly manner?
There are a number of ways that you can minimise the costs of an inheritance and these are incorporated into our Will-making service. The features of the service are as follows:
- You provide the lawyers with the details of the assets that you have in Spain as well as your wishes with regard to how they should be distributed.
- According to your wishes, your Will shall be drawn-up in such a way as to minimise any Succession tax liability in Spain.
- You will be provided with an estimate of the inheritance tax liability so that you can determine in advance whether the Will meets your requirements.
- The Will is drafted in both Spanish and English so that you can confirm that it conforms to your intentions
- The Will is drawn-up in the office of a public notary convenient to you.
- An appointment is made with the public notary to sign the Will and you will receive an official copy while another copy is sent to the central Wills registry in Madrid.
Code of Reasonable Fees
While this law firm is particularly suitable for managing Probate related issues faced by non-residents with assets in Spain, clients will not face elevated charges or fees as a result. Our clients can expect to receive a quotation that is at or below the recommended guideline prices by the Law Society of Malaga.
Free Support Services Included
When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers in Spain. These support services include:
- Verification of the regulatory status of your lawyer.
- Fees as recommended by the Spanish Law Societies
- Legal fees specified in advance and legally guaranteed.
- Services levels agreed in advance and guaranteed.
- All lawyers must hold professional indemnity insurance.
- Lawyers’ proficiency in English monitored.
- Continuous quality controls and reviews.