Tenerife forum

[lisaloo]

I have heard it is important to make out a Spanish will when you buy property in Tenerife as Spanish law favours the male members of the family rather than the wife or female family members when there is a death of a spouse.

We have a British will but havent made out a Spanish one. Has anyone got any advice about the best way to do this. We just bought one from WHSmith here in the UK

Lisaloo

[rob]

It is of the utmost importance that anyone owning anything in Spain has a Spanish will. I can tell you from experience helping friends that to die intestate leaves huge problems for the family. Contact Tenerife Solicitors on here. You cannot buy a form and make a will here.
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[TenerifeSolicitors]

There are quite a few misconceptions regarding Spanish Wills among British Ex-Pats in Tenerife.

First and foremost, Rob is correct, it is vitally important to make a Spanish Will if you have any significant assets here. Without it, you cannot deal with the property in Spain, (or often you cannot even insure it etc) until probate has been granted.

If there is only an English Will, one must first obtain probate in England, then have everything translated, notarised and apostiled, then begin the procedure to register it in Spain. The Spanish authorities may well require a lawyer to prepare an affidavit setting out the legal principles of English law applicable to the estate. For anyone who has dealt with Spanish bureaucracy will soon realise that this is to be avoided or minimised wherever possible.

It should also be borne in mind that where the deceased is of British or Irish nationality and has not obtained Spanish nationality (i.e. they do not hold a Spanish passport), Spain will actually apply the relevant British laws to administration of their estate rather than Spanish law. This is the same even if you have made a Will in Spain.

Making a Spanish Will here is relatively painless. A lawyer can prepare the form to send to the Notary and will then accompany you on the appointment to get the Will witnessed before the notary. If you are fluent in Spanish and are au-fait with Spanish bureaucracy, it is possible to apply to the Notary personally. However, the price for going directly is usually only about €90 cheaper than using a lawyer, as the lions share of the cost is actually the Notary's fees.

A typical fee for preparation of a Will via a lawyer here is €200 (although we are slightly cheaper than that if the Will is straightforward). Some people will try to cut corners and use a Gestor, estate agent or a Pub-Expert etc who says they can do it for €150. However, it is imperative that the 'expert' has a proper understanding of English (or Scottish) Wills and Probate Law. How many of the above mentioned individuals are trained in British law??

Without this training, they are likely to miss something important, e.g. correct appointment of executors, provision and guardianship for children, inheritance tax issues etc etc. We have seen some horror stories on the island where Wills have been prepared without proper advice and planning. Suddenly, paying an extra €50 to have the job done properly doesn't seem so bad.

For a more detailed explanation of Wills and Probate for ex-pats, our tenerifesolicitors . com website has a very informative page, which includes a Wills Questionnaire that can be completed and returned to obtain a no-obligation quotation.

Finally, it is not exactly correct that males get a better ride even under Spanish law when it comes to Wills. What in fact happens in most situations is that whatever assets one spouse brings into the marriage (i.e. had them before the marriage started), then that spouse gets to keep ALL of those assets on divorce. Hence, the other spouse can only claim half of the assets acquired DURING the course of the marriage. Most countries operate such a system (excluding most of Britain of course!). Similarly, most of the world seems to find this system fairer on those with large estates or money previously earned from their own sole efforts. However, there are those (e.g. Heather Mills McCartney) who don't see it that way.
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Legal Solutions both in Tenerife and in England or Wales? Tenerife Solicitors can assist from our offices in San Eugenio, Tenerife and in Kent, U.K. Visit www tenerifesolicitors com

[lisaloo]

Thanks very much for the advice, my parents made a will very early on but they live on the Island and we live in the UK.

We would very much like to use your service to make a will. Would it be possible to make a English and Spanish will at the same time? I think we should be fairly simple to sort out as we dont have many assets.

We won't be back in Tenerife until later in the year. Did I read somewhere on your website that you have an office in San Eugenio?

Thanks again
Lisaloo

[TenerifeSolicitors]