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Only have an English Will? It could mean a lengthy and costly process in Spain
Thy Will Be Done explains why a Spanish Will could save your family time and money
Anyone who owns property or other assets in Spain but only has an English Will could be setting their loved ones up for a long and expensive process further down the line, according to legal experts Thy Will Be Done.
When someone dies leaving Spanish assets but only an English Will in place, their worldwide assets first need to be collated and valued, and any English inheritance tax liability worked out, before a Grant of Probate can even be obtained in England. From there, things get more complicated rather than less.
Each heir will need to arrange a Spanish Power of Attorney so that a Spanish solicitor, or abogado, can act on their behalf and deal with the estate in Spain, and this document has to be signed and witnessed by a Spanish or English Notary.
The original death certificate, the Grant of Probate and the UK Will then all need something called an Apostille of the Hague, a certification confirming the documents are genuine so they can be used in Spain.
Every one of those documents must then be translated into Spanish before a Spanish solicitor can even begin working out the taxes owed and how the estate should be distributed.
It's a process that can take months, involve several different professionals in two countries and end up costing families considerably more than it needed to.
The good news is that it doesn't have to be this way. Having both a UK Will and a Spanish Will in place, with the Spanish Will containing an EU succession clause electing that the law of England and Wales, Scotland, Northern Ireland, the Isle of Man, Jersey or Guernsey governs the succession of the Spanish estate, avoids the entire process outlined above.
It means a simpler, faster and far less stressful experience for the family left behind.
Thy Will Be Done specialises in protecting your assets in the UK and Spain, both during your lifetime and after your death. Their probate solicitors handle the process on both sides, working with UK and Spanish teams so families don't have to navigate it alone.
The team prides itself on listening carefully to each client before guiding them through some of the most important documents they'll ever sign. Thy Will Be Done operates from offices in Benijofar and also maintains a UK office for the benefit of beneficiaries and attorneys back home, combining UK-level professional standards with the local knowledge and accessibility expats actually need.
British expats in Spain can call 865 756 058 or 965 023 596, visit www.thywill.es or complete the secure contact form below.
