Why you should have an English will

Filed under : Civil Law, Wills, Probate & Inheritance

Do you have assets in England or outside of Spain?

  • You should always have a Spanish will for Spanish assets – if this is over 2 years old it is a good idea to get it reviewed due to changes in tax law and succession legislation.
  • It is not a good idea to have a Spanish will covering your non-Spanish assets due to the logistical difficulties in trying to get a grant of probate from the English Probate Registry on a Spanish will.
  • Using a Spanish will for assets outside of Spain is very expensive.
  • The probability is that your Spanish will only covers Spanish assets (which is what we recommend). This could leave you with a partial intestacy in respect of assets outside of Spain.
  • An English will can be used to cover assets in various jurisdictions (Gibraltar, Isle of Man , The Channel Islands etc) as well as the UK.
  • An English will can be changed quite easily and inexpensively as there is no need to sign it at a notary.

 

Another important note – Do not be tempted to make your own English will, or use the off the shelf will kits. This is not appropriate for anyone with cross jurisdictional affairs. We have seen many cases of people accidentally revoking or overwriting their Spanish wills or not putting the required election of national law into the Will.

If you wish we can check your existing English and Spanish wills to make sure they deal with your assets and protect the rights of your beneficiaries and family.

For more information call our experienced English solicitor and Inheritance expert Jon Sutton on 951 315161 or email [email protected]