The usefulness of a Spanish will - detailed explanation

The usefulness of a Spanish will - detailed explanation

Preparation prevents headaches

In this article we explain the usefulness of a will in Spain. It is a fact that in every country where you have property, for example, you should check what the rules are regarding inheritance law. Each country has its own laws and it may well be that they are totally different from what you are used to in your home country. Make sure that you are well informed in order to avoid unpleasant surprises for you or your partner.

It is a fact that a will in Spain facilitates matters and the process in the event of death. This is what experience has taught us so far. It is not an obligation to draw up this notarial formality but it can avoid many headaches afterwards. With a will you ensure at least that the Spanish authorities, in the event of your death, immediately know to whom and according to which law the assets must be distributed. You will also prevent Spain from imposing its regulation of the succession just like that and from third parties suddenly interfering in the distribution process.

European regulation

After all, within the European Union and as a European, you have the right to choose to have your last will done according to the law of your country of birth. There are also agreements between non-EU countries and the EU. Here the EU allows you to choose how your succession is arranged - as long as they are not in conflict with the law. This legal formality is subject to frequent changes and these changes are mainly to the advantage of the testator (the one who has the will drawn up).

An example is the choice of the testator to use the term Longest living heir in Belgium (notarial act of the will) whereby the designated heirs have a free choice of disposal. This is something that is not common in Spain and that just goes to show the importance of a well-balanced will. You would not want a relative to suddenly appear on your doorstep in Spain and claim a share of the usufruct (?!).

Drafting a will

A properly completed will is therefore clearly a must if you want you and your partner to be able to enjoy your Spanish property carefree. How Segurantis does this together with you is as follows. We always check what your marriage regime is or your cohabitation contract and whether you have already made a will in your country of residence. Based on this information and the questionnaire we send you, we make an outline of the will which we then go over with you.

The will is always drawn up in Spanish, but you have the option of choosing an additional language to translate the Spanish version. An interpreter must always be present who will explain certain items in the will to the testators at the request of the notary so that everything is clear before signing. The original version of the will is registered in Madrid and will also be kept there. The testators are given a copy of the original.

The prices for drawing up a will vary enormously. A little market research will quickly show you these differences. There are Asesoria 's who easily charge 300 to 500 euros per person for this and that is a bit too much. Of course, the content and quantity must be taken into account, but a standard will of about 5 pages varies between 100 and 200 euros per person, which is a market-based price. This sum also usually includes the interpreter. The notary fee for the registration of the will varies between 50 and 70 Euros (depending on the number of pages to be registered).

Segurantis your partner in this matter

If you wish to draw up a will, please do not hesitate to contact Segurantis for an appointment at the office, by telephone or via chat. We can be reached at 0034 865 75 95 75 or via email info@segurantis.com.

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