new info on wills

[thomo]

this is important for residents here who own property,
http://www.janetanscombe.com/news/will-you-need-to-change-your-will-when-new-eu-regulation-comes-into-force-next-month.html/comment-page-1#comment-438803

[TamaraEnLaPlaya]

Few Qs Thomo (or anyone who knows the answers of course):
1. Surely this is important for any residents - even if you don't own a property here you may have other assets: car, money in bank etc?
2. If you make a Spanish will does it not become your 'last will and testament' and therefore negate your English will that you might have made previously?
3. Any recommendations for an English speaking Notary in Corralejo?
Thanks in advance for any help.

[Can the Man]

Tamara,

My understanding is that you can have a will only relevant to your Spanish assets, and your will in your own country say Ireland or UK for your home assets.

Because of the Spanish requirements about ensuring children automatically are included in the inheritance it is necessary to do it this way.

You ask about an English speaking Notary in Corralejo, are you sure you don't mean a solicitor/lawyer ?, when I was making my will using my solicitors we had to go to a notary in Puerto del Rosario to have it notarised.

If you are interested in a good English speaking solicitor in Corralejo, I recommend Jacobo at Aguado Damsell y Reguera, they can be contacted on +34 928 867 467 or 755

[SheilaW]

My understanding is that you can have a will only relevant to your Spanish assets, and your will in your own country say Ireland or UK for your home assets.

We were told our Spanish will COULD ONLY cover our assets actually held in Spain. We have a small amount of assets in France that we couldn't be included, nor could our assets in the UK. It certainly doesn't replace any will not made in Spain. We can recommend Jacobo too.

[thomo]

Taken from the link I supplied

I updated the Basic Paperwork page some time ago with the information that the Wills of foreigners who are fiscally resident in Spain would need to contain a specific clause of preference about which national law should apply to their affairs in the event of their death: most British people, for example, would want British law to apply. The requirement for a direct statement of preference is a result of EU regulation 650/2012 which comes into force on the 17th of next month.

[fifi]

Some more information here http://www.fuerteventura-forum.com/index.php?topic=19846.0

[TamaraEnLaPlaya]

You ask about an English speaking Notary in Corralejo, are you sure you don't mean a solicitor/lawyer ?, when I was making my will using my solicitors we had to go to a notary in Puerto del Rosario to have it notarised.

If you are interested in a good English speaking solicitor in Corralejo, I recommend Jacobo at Aguado Damsell y Reguera, they can be contacted on +34 928 867 467 or 755

Thanks Can, I've used Jacobo myself for something else. However, for a very simple Spanish will I've been advised that I can cut out the lawyer (and their fee) and go straight to a Notary.

[SheilaW]

The only notaries in Spain officially listed as speaking English are on this list, and none are in the Canaries: http://www.notaries-directory.eu/

I don't think the ones in Corralejo or Puerto do to the standard required by law, although the one in Puerto clearly speaks a little and was kind enough to compliment on our Spanish. I don't think they'll take the risk unless you're really fluent. The proverbial could well come back to them further down the line.