Corral&Alcaraz Law Firm provides you with comprehensive advice to draw up a Spanish Will before a public notary. This is directly enforceable, and will allow to your inheritors the grant of probate for your assets in Spain, immediately after your decease.
As per the Spanish legislation, at the time of your decease, the law applicable is the national law of the deceased (art. 9.8 Spanish Civil Code). Therefore it would be your national inheritance law which governs your inheritance situation of all your assets (also those located in Spain), being able to leave your estate to the person of your choice, but always complying with your own national law.
You should also confirm on your Will that your own national inheritance law is governed by the principle of free disposition of your assets by Will.
The Open Will in Spain can be signed in double column format, Spanish and the language of your choose. The document must also be translated and signed by a translator.
Once signed, the Notary keeps the original Spanish Will in his records which can be obtained on your decease, and provides you with a copy of the same. The Notary will send communication to the Central Registry of Last Wills in Madrid where all the details about your Will are registered.
This will help your inheritors to easily find out the notary where your last Spanish Will was granted after your decease.
We highly recommend making an estate plan. Good provision can save a lot of problems in the future. Mainly because, having all your properties and goods clearly distributed among your heirs will make things easier and will reduce your inheritance tax.
Some important issues to be considered:
- Your heirs will have to deal with the Spanish Administration in a foreign language if you do not have a Spanish Will.
- Your assets can be distributed according to the Spanish law, instead of your personal wishes if you do not have a Spanish Will.
- To draw up a Spanish Will is very easy and can be signed and registered all in one morning.
- You may include your Spanish assets in your country’s Will but you have to be aware that to obtain probate in Spain, your Will it has to be legalised and translated into Spanish. We advise you to have two separate Wills, one in your own country for your home assets and one in Spain for the Spanish assets.
At Corral&Alcaraz Law Firm we can handle an existing Spanish Will and if you do not have a Will, we can help resolve problems for your heirs. We are experts; let our professionals assist you.