How do I make a Spanish will?

An oral will must be made in the presence of five witnesses, who must then testify to a notary the wishes of the deceased. The notary then prepares a written will and certifies it. For anyone with a modest Spanish estate, for example, a small holiday home in Spain, a holographic will is sufficient.

Can I write my own Spanish will?

The Spanish successions law does not only make it possible for you to have the will you have in your country intact (not revoking it). It makes things even easier for you. Why? Because it uses your own countries inheritance laws.

How much does it cost to make a Spanish will?

In general terms a notary will charge between 60€ – 80€ per simple Will and a lawyer will charge between 150€ – 250€. If a Sworn Translator is required, then those costs will be in addition to the lawyer and notary costs.

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Do you need an executor for a Spanish will?

There is no requirement to appoint an executor to administer a Spanish will, although you can appoint one if you wish. Execution of the will is normally carried out by a notary.

Does a Spanish will have to be signed?

For your will to be legally valid, you must (i) be 18 or over, (ii) make it voluntarily, (iii) be of sound mind, (iv) make it in writing, (v) sign it in the presence of two witnesses who are both over 18, and (vi) have it signed by your two witnesses, in your presence and in the presence of each other.

What happens if there is no will in Spain?

If someone dies without a valid Spanish will in place or other will to validly provide for what will happen to their assets in Spain, then the deceased will have died ‘intestate’. This means that the Spanish estate of the deceased will be distributed according to the intestacy laws of the relevant country.

Does an English will override a Spanish will?

Does an English will override a Spanish will? … Spanish law recognises a will made lawfully in any jurisdiction. That means that if you make an English will relating to all of your worldwide assets, it will include your Spanish property.

Where are Spanish Wills held?

All Spanish wills are registered in the will registry in Madrid (Registro Central de Ultimas Voluntades). This can appear at first to be another case of bureaucracy gone mad. In fact, it is really beneficial.

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How can Spanish inheritance tax be avoided?

Tips to reduce inheritance tax in Spain

Regarding financial assets, specialists recommend moving them to jurisdictions outside of Spain to avoid paying inheritance tax in the country. In regards to property, it is best to have a mortgage as it reduces the base amount on which the tax rate is calculated.

Do I need a Spanish will if I own property in Spain?

If you own property, have a bank account, a car or other assets in Spain, you need to write a Spanish Will. It does not matter whether you are Non-Resident or Resident, it is important to have a separate Will. This is a Will prepared and registered in Spain, covering just your assets in Spain.

How do Spanish wills work?

Spanish Inheritance Law states that when you die your property will be shared among your heirs according to the law of your country of origin (unless you are resident in Spain and have no Will, in which case Spanish law and the forced heirs applies).

How does inheritance work in Spain?

The general Spanish Succession Law stipulates that your descendants (children) automatically inherit at least two-thirds of your Spanish estate, with priority over a surviving spouse.

Are wills registered in Spain?

Does a register of wills exist in Spain? Yes, there is a register, the “Registro General de Actos de Última Voluntad”, administered by the Ministry of Justice. The registration and search of wills is carried out electronically.

Can you make a Spanish will in the UK?

Whilst you can deal with your Spanish assets through a will made in the UK, it is strongly advised to do so via Spanish wills. … There is no standard structure for making such arrangements, however, there are numerous options that can be discussed with you by an expert Spanish inheritance lawyer.

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Can I transfer my Spanish property to my son?

In Spain, a property or a share of a Spanish property can only be transferred in one of the following ways: Sale and purchase of the Spanish property. Gifting/donating the Spanish property. By inheritance of the Spanish property.

How much is inheritance tax in Spain?

The Spanish inheritance tax rate payable starts at 7.65% and is banded on the amount gifted up to a top rate of 36.5%. Further multipliers on the tax due apply depending on the beneficiaries pre-existing wealth and their relationship to the donor.