• Welcome to the oldest running Fuerteventura Forum.
 

Spanish will

Started by malabu, October 30, 2016, 11:31:42 AM

Previous topic - Next topic

malabu

Can anyone recommend a lawyer in Corralejo or surrounding area for spanish wills, we have one from 2005  when we moved out here and just had it translated and it makes no sense at all, even the names and sexes of my wife and children are wrong, we would ideally like one in Spanish with an english translation to enable us to make sure it is correct, it may be that some of the translation we had done is wrong or has been lost in translation, any recommendations please

Spike On Q

Spanish Wills are formally recorded by central government and are legally required to be written in both Spanish and English. The Notary must make sure the Will is clearly understood by all parties before it is signed. You will need a recognised translator to be present at the signing acting on your behalf
From experience make sure ALL your paperwork is in order NOW as there are issues such a Inheritance Tax to deal with and if anything is missing you are in deep ----- should the worst happen.
There is an EU law in place now where only ONE Will is required for property within multiple EU States. You you can forget that now and need to get two Wills, one for Spain and one for the UK. How Brexit will affect the personal tax situation between the UK and the EU we have yet to see!
The Will when completed in lodged in a central office in Madrid and copies provided to you and the original kept by The Notary. Any changes must be carried out by a Notary and the Will re-registered
A lawyer can arrange all this but I can't recommend one in Corrie






malabu

Quote from: Spike On Q on October 30, 2016, 12:33:55 PM
Spanish Wills are formally recorded by central government and are legally required to be written in both Spanish and English. The Notary must make sure the Will is clearly understood by all parties before it is signed. You will need a recognised translator to be present at the signing acting on your behalf
From experience make sure ALL your paperwork is in order NOW as there are issues such a Inheritance Tax to deal with and if anything is missing you are in deep ----- should the worst happen.
There is an EU law in place now where only ONE Will is required for property within multiple EU States. You you can forget that now and need to get two Wills, one for Spain and one for the UK. How Brexit will affect the personal tax situation between the UK and the EU we have yet to see!
The Will when completed in lodged in a central office in Madrid and copies provided to you and the original kept by The Notary. Any changes must be carried out by a Notary and the Will re-registered
A lawyer can arrange all this but I can't recommend one in Corrie

Thanks for that we have now sent off an enquiry to a legal firm to try and put this right for us, i think we will have to make the first will void, any other help much appreciated

malabu

Quote from: Spike On Q on October 30, 2016, 12:33:55 PM
Spanish Wills are formally recorded by central government and are legally required to be written in both Spanish and English. The Notary must make sure the Will is clearly understood by all parties before it is signed. You will need a recognised translator to be present at the signing acting on your behalf
From experience make sure ALL your paperwork is in order NOW as there are issues such a Inheritance Tax to deal with and if anything is missing you are in deep ----- should the worst happen.
There is an EU law in place now where only ONE Will is required for property within multiple EU States. You you can forget that now and need to get two Wills, one for Spain and one for the UK. How Brexit will affect the personal tax situation between the UK and the EU we have yet to see!
The Will when completed in lodged in a central office in Madrid and copies provided to you and the original kept by The Notary. Any changes must be carried out by a Notary and the Will re-registered
A lawyer can arrange all this but I can't recommend one in Corrie
[/quote
They provided a translater at the time and all sounded good, but since then we have heard a few bad reports on wills and decided to get it translated, glad we did it bears no resemblance at all to the translation as i say it makes no sense at all and we did not get a written translation as we were not aware we should have one, i have since sent the notario an email but as yet we have not had a reply,  it is a little worrying as we are not getting any younger.

Johnrgby2

we used a notary in Caleta, used a friend as a translator, were given copies which were then read by our friend, and were perfect, total cost, â,¬100 plus a couple of beers.

SheilaW

ADR will do it for you. They prepare it in two columns. Do check it carefully before signing and make sure you give full names that match your passport. The lawyer will go to the Notary with you to translate.

malabu

Quote from: SheilaW on October 30, 2016, 16:54:01 PM
ADR will do it for you. They prepare it in two columns. Do check it carefully before signing and make sure you give full names that match your passport. The lawyer will go to the Notary with you to translate.

Do you have contact details please

Snowdrop

Go see Paula at  the lawyers just off the Main Street - virtually opposite Chablis bar.  Information centre on corner , then the coffee bar then next place (or but one)  is lawyers.  They did a great job for just and took us to the notary in corralejo.  Everything was fully explained in English and Paula  made such we understood everything. 

yorkiecouple

Hi Fred we recently did ours with a Spanish guy who speaks better English than you and I. His name is Antonio and lives in Corralejo, you can meet him in town or he'll visit you at home. Really nice guy, does everything for you, takes you to the notary to register your wills, (a very important thing here). He also takes care of a business as well as income tax forms.
His mobile number is 652154420.

Johnrgby2

#9
I fail to see why you need a solicitor, we went direct to The Notary.

beachlife

Quote from: yorkiecouple on November 01, 2016, 17:55:18 PM
Hi Fred we recently did ours with a Spanish guy who speaks better English than you and I. His name is Antonio and lives in Corralejo, you can meet him in town or he'll visit you at home. Really nice guy, does everything for you, takes you to the notary to register your wills, (a very important thing here). He also takes care of a business as well as income tax forms.
His mobile number is 652154420.

You might want to check with Pilar Gonzalez the solicitor in Rosario he worked for why they parted company. By the way Antonio is not a solicitor.

yorkiecouple

#11
Quote from: beachlife on November 02, 2016, 12:43:51 PM
Quote from: yorkiecouple on November 01, 2016, 17:55:18 PM
Hi Fred we recently did ours with a Spanish guy who speaks better English than you and I. His name is Antonio and lives in Corralejo, you can meet him in town or he'll visit you at home. Really nice guy, does everything for you, takes you to the notary to register your wills, (a very important thing here). He also takes care of a business as well as income tax forms.
His mobile number is 652154420.

You might want to check with Pilar Gonzalez the solicitor in Rosario he worked for why they parted company. By the way Antonio is not a solicitor.

Can't remember saying he was a solicitor beachlife but as Johnrgby2 states you don't  need a solicitor to carry out the work for you, oh yes I did receive the letter from Pilar but I know who'd I trust with the work, her company let me purchase a house with uncleared debt, why because, if we if we had backed out of the purchase she wouldn't have got paid for her work done.

malabu

Strange you say that Beachlife, but it was Pilar Gonzalez the solicitor in Rosario who did our will, i have sent an email and no response, so make of that what you will. 

Can the Man

ADR in Correlejo +34 928 867467 or 928 867755

stevekguy

I had mine done by Olga Caballero. Nice lady called Tanja speaks perfect English and does all the translation/explaining

beachlife

Quote from: malabu on November 02, 2016, 20:36:21 PM
Strange you say that Beachlife, but it was Pilar Gonzalez the solicitor in Rosario who did our will, i have sent an email and no response, so make of that what you will.

Probably because there may be an on going court case so she can`t say anything as it will be sub  judicary.

beachlife

Quote from: yorkiecouple on November 02, 2016, 19:17:33 PM
Quote from: beachlife on November 02, 2016, 12:43:51 PM
Quote from: yorkiecouple on November 01, 2016, 17:55:18 PM
Hi Fred we recently did ours with a Spanish guy who speaks better English than you and I. His name is Antonio and lives in Corralejo, you can meet him in town or he'll visit you at home. Really nice guy, does everything for you, takes you to the notary to register your wills, (a very important thing here). He also takes care of a business as well as income tax forms.
His mobile number is 652154420.

You might want to check with Pilar Gonzalez the solicitor in Rosario he worked for why they parted company. By the way Antonio is not a solicitor.

Can't remember saying he was a solicitor beachlife but as Johnrgby2 states you don't  need a solicitor to carry out the work for you, oh yes I did receive the letter from Pilar but I know who'd I trust with the work, her company let me purchase a house with uncleared debt, why because, if we if we had backed out of the purchase she wouldn't have got paid for her work done.

Regarding solicitor I wasnot saying you did say he was one. Just informing those who do not know of his status that he is not one, being aware of whats going on I`m being careful what I say about the issues.

allanh



Avoid Inheritance Tax!












Spanish
inheritance tax

The Brexit Scene

A legal solution to avoid high taxes

A big problem for many British in Spain is inheritance tax. While in Britain, everyone in the 2016-17 tax year has a tax-free inheritance tax allowance of £325,000, in Spain this is not the case. In Spain, as a rough guide, ISD (Impuesto sobre Sucesiones y Donaciones) on an inheritance could amount, in some cases, to up to 34% of the inheritance, and the tax free inheritance allowance is of only 15.956 â,¬ for spouses, children and parents.


In 2008, the Canarian government granted tax residents a 99.9% reduction in the tax rate for inheritance between close relatives (parents, children, spouses and family partners). This scheme was abolished in April 2012, leaving beneficiaries without any such discount.

From January 2016, the 99,9% reduction has been reintroduced on bequests and gifts located in the Canaries for closest relatives, this is, for spouses, children and parents. The reduction is available for tax residents and non-residents, provided that the non-residents reside in another EU or EEA country .

But this can change any time in the future, as it changed in the Canaries in 2008, 2.012 and again in January 2016.

On the other side, considering that Britain will leave the EU in the near future, it is likely that the reduction will not be applicable to British citizens whenever the exit of Britain from the EU is legally completed, as the reduction is only applicable to EU and EEA citizens.


British property owners may give their properties in the Canaries as a gift to their children, benefiting from the 99,9% reduction now while it is applicable. The gift to the children can be done maintaining for the parents the right of use and rent of the property during their life. This is a good way of assuring that high inheritance taxes will be avoided for our beloved spouse and/or children in the future.

We very much advise all property owners, and specifically British owners, to seek legal advice with their local solicitor, in order to benefit the upmost of the existing tax reductions. In Glex&Co we will be pleased to provide legal advice to all property owners in this matter and in any other legal issues. We have more than 25 years of experience assisting foreign property owners in Lanzarote.