There are several issues to be clarified for non residents individuals in Spain, when they decide whether they wish to grant a Will in Spain, or to the contrary, if they choose not to grant the same as they have already got a Will in their country of residence.
How to insure your love ones are protected in the event of the death of a relative? Arcos y Lamers Asociados, Spanish law firm settled in Marbella specialized in Spanish Inheritance procedures, recommends in any case, the granting of your Will in Spain before a Spanish Notary relating to your assets located in Spain, since it will mean in the future, a smooth streamlining in the procedure for acceptance and receiving the inheritance in Spain by the appointed heirs.
Although it is not a “must” to have a Spanish Will, the granting of a Will in Spain would be highly advisable as the procedure that the heirs must go through without a Will in Spain is, in many occasions, much longer and costly.
The Spanish law states that the heir will have a deadline of 6 month, as from the moment of decease, to present at Inland Revenue the corresponding Inheritance tax declaration in Spain as prior mentioned in this specific web regarding the Inheritance procedure in Spain and Spanish Inheritance taxes.
In addition, you should take into account that the heir should first sign the corresponding Spanish Inheritance Title Deed to be followed with the granting and presentation the corresponding tax form to the Spanish national regional Inland Revenue (in the case of non residents).
In order to guarantee that the process is simple, with less time involved and therefore less costly it is advisable to grant a complementary Spanish will. In principle the Will in Spain should not revoke any other Will you may have in another country.
A Spanish Will is a relevant document, which will regulate the disposition of your assets (such as property, bank account, car) by your heirs. Please note that it is not valid to grant a Will by two or more individuals in a single document, but should be granted a Will per person.
In Arcos y Lamers Asociados we would prepare the Will in two languages, in Spanish and in your own language, and we assist you with the presence of a legal translator in the Notary’s Office at the time of the signing of the document.
You will only need to bring to the Notary your passport or identity card for identification by the Spanish Notary. The Spanish Will is a relevant document and through a quick procedure, you will avoid delays to your heirs in the future.
Please note that the Spanish Will that does not meet the requirements laid down by Spanish Law will be null.
Arcos y Lamers Asociados will prepare an open Will in Spain, in two languages, which contents will be expressed to the Notary and translated by the chosen sworn translator, although the document will be drawn up also in your own language, stating as well the place, year, month, day and hour of its granting. The Notary will give faith that all necessary formalities for the granting of the Will have been fulfilled.
By following this procedure, you will have the comfort of having decided the disposition of your assets in Spain.
YOUR WILL IN SPAIN: CONTENTS
The Spanish Will is the act by which a person decides, for after its death, they way to leave all its assets or part of them.
In Spain, each individual person should grant a Will, not being valid to prepare a testament by two or more people together, or in one single document, neither the Spanish Will may be granted by a third party or a representative
The Will can be open or closed. Read more……..
If you wish to obtain more information please do not hesitate to contact us. We will clarify your doubts and assist you in the necessary procedure for the granting of your Will in Spain.
How to obtain a copy of a will granted in Spain or to find out whether a Spanish will was granted or not
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.
With this Death Certificate, it will be possible to apply, to the “Registro de Actos de Última Voluntad” (Last Wills Registry) a certificate of the last Spanish Will of the deceased, which will show if the person already granted a Will in Spain, and details of the Notary where the Will was granted. Read more……