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SPANISH WILL

If you have got a property in Spain it is both quicker and easier to do the probate if there is a Spanish Will to implement than if there is only an English Will or to have to apply the rules of intestacy.

It is not obligatory to have a Spanish Will. Many people die without ever having made a Will. The problem is that for many people the rules of intestacy, ie the rules relating to where a deceased's person's movable and immovable property goes to on dying, are often neither desirable nor desired.

Furthermore, making a Spanish Will can assist in lowering the amount of Spanish inheritance taxes that might be payable.

For a very simple bilingual English-Spanish Will for a single person the cost includes fees of £250.00 for drafting it, with no VAT payable on top because Anglo-Spanish Law is not VAT registered, plus £75.00 notarisation fee, plus £28.00 payable to the Foreign & Commonwealth Office, plus registered / signed for post at approximately £10.00.

For a very simple bilingual English-Spanish Will for a married couple wanting to do more or less mirror Wills, the cost includes the fees £350.00 for drafting them, with no VAT on top because Anglo-Spanish Law is not VAT registered, plus a notarisation fee for both documents of £100.00, plus £56.00 payable to the Foreign & Commonwealth Office, plus registered / signed for post at approximately £10.00.

The above fees include the cost of being given some very brief advice on Spanish inheritance taxes lasting a few minutes.

Some people would like detailed advice on Spanish inheritance taxes, and such advice has to be given at a competitive hourly rate that needs to be added on top of the above fees. No liability is accepted on the part of Anglo-Spanish Law for loss occasioned by clients not wanting to pay for detailed advice.

Advice on Spanish succession law, including obligatory heirs, is charged as a separate item on top of the fixed fees quoted above.

It is often difficult to strike a balance between giving clear, up front, costs estimates, or even a fixed fee quote, and the amount of work that has to be done. It is regrettable, but in the past too many people quoted a fixed fee have then taken the opportunity to demand literally days of work on complicated testamentary dispositions and/or legal advice on Spanish succession law and practice. The work can be done, but it'll have to be paid for. In the overall scheme of things, the extra cost is often not all that much, and if you can afford to buy a property in Spain, (in addition to having a property in England), you can't afford to cut corners and leave your heirs with the burden of doing the probate without a proper Spanish Will.

Being able to get a Spanish Will done in England can be an extremely valuable service for people stuck in England through age or ill-health. Travelling is charged at a very competitive £35.00 an hour.

Phone Mr Wagner on 01433-631508, preferably between 9.30 am and 2.00 pm Monday to Friday, for detailed written terms and conditions of business to be sent to you.

For those interested in the topic, Mr Wagner researched English and Spanish Succession Law and Practice, plus gave suggestions for reform. His dissertation for the masters degree awarded in 2006 is to be found as a pdf document entitled A comparison of English and Spanish succession law and practice: suggestions for reform of the English model . Click on the link.

Disclaimer: The content of this website does not form part of the contract for services between Anglo-Spanish Law and clients.