Make A Will in Spain
What is a Will?
A Will is a legal document that sets out how your property is to be divided after your death. Under the Will, an executor is appointed who will look after your estate. The executor must: pay all your debt collect all your assets, distribute your estate in accordance with your Will.
Legal Wills do not have legal effect until after you die, so you should think carefully about your Will.
How to make a Will in Spain?
To make Will in Spain you must be over 14 years old, ensure your specific wishes are in writing (preferably) and have it signed before the Notary Public. To ensure that your estate is given to the people that you care about when you die, it is important to prepare a legal Will.
You should make a Will even if you think you do not have many assets. If you do not make a legal Will, your estate will be distributed in accordance with the Spanish Civil Code.
How do I make sure my Will is valid?
In order to ascertain that your last Will and Testament is valid, the first step is to have an expert lawyer advise you on all the requirements to make Will in Spain.
- Be familiar with the regional legislation of your place of residency. Despite having general legislation, there are minor variations for every region in Spain.
- An open Will is the most recommended type of Will in Spain. However, you may make a handwritten or a closed Will.
- Prepare full description of the real estate to be inherited by the heirs.
- In case of having witnesses, these must be of full legal age.
Is Spanish law applicable to my property?
When a foreign property owner dies with no will (intestate), Spanish law must be applied to their Spanish assets as a result. Be aware that this differs from countries such as the UK. The testator in Spain must leave two thirds of their estate to their compulsory heirs.
However, if the property owner makes a will, they may devise and bequeath their Spanish assets to anyone they please provided that the laws of their home country allow this. The Spanish Civil Code states that the assets that the foreign deceased had in Spain at the time of their death will be governed not by Spanish law but by their own national law.
Why choose Martin & Perez for your making will in Spain?
Martin & Perezoffers many benefits to all customers who need help with their making will in Spain, including over 20 years of experience, a dedicated English speaking team with a wealth of knowledge in law, competitive prices and a hands on approach making sure we always deliver results.
Martin & Perez have spent years, and solved numerous cases gaining the respect and trust of our clients. Whether it’s a business, an individual or any other case, Martin & Perez will always help with your making will in Spain.
We have built a strong workforce which spans not only multiple disciplines and areas of expertise, but differing backgrounds too, meaning we can support and represent clients from diverse backgrounds. Our Languages allow us to span the globe and ring a fresh perspective to your case.
Our focus here is on ensuring your case runs smoothly, and providing you access to the best legal service possible, each solicitor experienced in their respective field of expertise and accredited by the Law Society. We’re here to fully support you in your legal case and strive to exceed your expectations at every stage.
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To learn more about how an experienced legal representative from our firm can make the law work for you or to discuss your legal questions and concerns, please contact us today. Feel free to call or email us to discuss your case. All consultations are confidential.