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| Juan Bertomeu Valles Abogado Spanish Lawyer jb@iurisconsulting.net recomended by spanishpropertyinsight.com | |||||||||
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Legally, it is not absolutely necessary to make a Spanish will to dispose for the assets in Spain. A n englishman who owns property in Spain can bequeath his Spanish apartment in the same British will he uses to dispose of his property in England, and his will can be probated in Spain. However, there are a number of steps which must take place in order to do this. If I have lived in Spain for a long time, it may be necessary for me to recreate a legal domicile in my home country for purposes of making a will. I may be able to do this by filing an official "letter of intent" with my lawyers. This letter states that, even though I hold a Spanish residence permit now, I really intend to return to my home country in the end. This should be sufficient for establishing a legal domicile in my home country and will allow its laws to apply. Let us suppose that I do this. My foreign will (which can be made at my consulate in Spain as long as the proper formalities are observed) must go through the following process before it can dispose of my Spanish assets: 1. A certified copy of the grant of probate must be legalised by the Spanish consul in the testator's home country, and a Spanish translation of this certified copy prepared. A Spanish lawyer must then be empowered to prepare a list of the assets in Spain, see that the Spanish inheritance taxes are paid, and handle the rest of the paperwork involved in distributing the assets. 2. Two lawyers registered in my home country, or a Notary,or a Spanish consul-general in my home country, must prepare a certificate of law, which affirms that the testator had the legal capacity to make a will; that the will is valid; that the Spanish law of obligatory heirs and the dispositions relating to property of spouses do not exist in the law of my country; that the will has been duly proved, and that the trustees named have the correct legal powers to administer the estate. 3. Finally, my will is declared effective to dispose of my assets in Spain, and my Spanish lawyer can carry this out. It's a complicated, time-consuming and expensive process, and it is clearly better to make a Spanish will disposing of my assets in Spain. | |||||||||
Updated October 21st 2011 | |||||||||
| Main Office: Calle Doctor Calatayud, 39, 03724 Moraira Alicante Spain | |||||||||
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