Letrados del Ilustre
Colegio de Abogados de Málaga
HERRERA Y MORENO ABOGADOS
Spanish
Solicitors & Lawyers
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OTHER SOLICITORS:
REAL ESTATE AGENTS:
General information
It is absolutely mandatory to have a
Will in accordance with the Spanish law if you have a property, bank
accounts or any other assets of value in Spain. The Will is the legal and
executive document that appoints those who will inherit your Estate. If a
person should die intestate in Spain, the complications and inconveniences
of going through the process of making your foreign Will effective in
Spain, or making the Probate for the inheritance in Spain, will be
significantly longer than the simple method of proving a Spanish Will.
Without such a Will your heirs could find thorny complications in
registering the assets in their names or being able to have access to
funds in bank accounts, or in the worst case your estate in Spain could
even become a property of the Spanish Government.
If you want your wills and testamentary
dispositions to be valid and effective in Spain without needing any other
additional legal requirements they must be Notarised or Granted before a
Public Notary. Otherwise, privately made Wills need to be sent to Court,
after the death of the testator, for a Judge to approve them as legitimate.
This is why you must have a notarised will and testament.
Once the will and testament are
authorised by the Notary, its existence is communicated to the Registro
de Actos de Ultima Voluntad in Madrid which is the Central Registry
where all Wills and Testaments officially granted in Spain are registered,
and in the event of the death of the testator, any inheritor may be able
to obtain, through this Central Registry, the details of the existence and
whereabouts of the particular Will.
Notarised Wills and Testaments in Spain
are legal documents kept in public notarial records, accessible
only by the inheritors.
In Spain, each person needs an
independent Will. Spouses cannot do Joint Wills. If you are married (whether
or not you have property in joint names), each one of you should make a
separate Will.
How do we prepare and execute your
Spanish Will and what does it include ?
If you need assintance in the process of
preparing and executing your Spanish will:
You must fill in the form that we shall send you once
requiested through the link below.
We draft your will according to the details that you have
provided us with and we shall send you a copy for your approval.
This copy will not be valid unless it is signed in front of a
public notary (Notary Authorisation of the Will), for this aim, we
shall arrange an appointment with a Notary close to your domicile in
Spain.
We will assist you at the formal signing of the will before
the Notary. One of your associated Solicitors or Legal Assistants will
assist you at the granting of the Will before the Notary to help you
with any problems, doubts or questions that might arise.
Once the will is granted, its details are sent to the Registro de
Actos de Ultima Voluntad (General Registry for Wills and Testaments)
in Madrid, so that in the case of death, on producing an “original” copy
of the death certificate, your inheritors will be able to obtain the
information about your last valid Will and Testament in Spain.
How much does it cost to make a
Spanish Will ?
Present Standard fee for one will,
including the Notary’s fees: 149 € including VAT
Present Standard fee for two wills, including the Notary’s fees:
249 € including VAT
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Última modificación:
02 de July de 2008
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