Should I prepare a Spanish Will?
Definitely! Beyond all doubt, the answer is YES. Doing a Spanish Will is not obligatory but it is highly recommended.
In Spain, all Wills are registered at the Registry of Wills. This Registry helps to locate wills and to carry out the concerned person’s wishes after they have passed away. The fact that a Will is registered in Spain makes it unnecessary to apply for Probate as in other countries.
With a Spanish Will in place, everything can be sorted out in just a few weeks.
The Spanish Laws on Inheritance state that upon your death, your estate will be shared out among your heirs as per the law of the country from which you originate, i.e. German Law for German nationality, British Law for British nationality etc. Most European nationalities, with the exception of the British, should therefore be warned that as per their country’s Laws of Inheritance, their children have an automatic right to a part of the Estate upon a parent’s death, even if they are not expressly mentioned in the Last Will and Testament. If however, they do not wish to claim their legal share of the Inheritance, the children must, on your death, “renounce” their right in front of a Spanish Notary, and the estate will then be shared among whoever you may have designated in your Last Will and Testament.
Writing a will is especially important if you have children or other family members who depend on you financially, or if you want to leave something to people outside of your immediate family.
Making a will enables you to start thinking about issues like whether you have the right insurance coverage, life insurance issues and ways of replacing your lost income.
At RIDALAW we understand the processes involved and can help you get it right first time.