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?
It is handwritten, signed and dated and can be voluntarily registered at the Spanish will registry (Registro Central de Ultimas Voluntades) in Madrid. The will is authenticated by a judge upon the death of the testator. Open Spanish will: This is the most common form of Spanish will.
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.
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.
How do I get a Spanish will?
In order to find out the existence of a Will in Spain, or to obtain a copy of the same, it is necessary to obtain the Death Certificate. Once the Notary has been localised, the heirs will be able to obtain a legal copy of the Spanish Will.
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.
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.
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.
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.
Can I make an English will in Spain?
There is still a consensus amongst the European community that drawing up a British will is sufficient for assets in Spain. It is both legal and within your rights to do this. … You will have to contact a lawyer in Spain who will in turn contact a lawyer in the country where the will was drawn up.
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.
Do you need a Spanish will if you have 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.
Are wills public record in Spain?
No, the existence of a will and its content shall remain a secret during the entire life of the testator. Registration of wills is free of charge.