Ex-pat residents in Spain can sometimes be heard asking “Why should I make a Spanish will? I don’t need one.” Lawyer Erardo Ferrer, from Lanzarote Abogados, explains exactly why.
Owning property or a bank account in Spain can become a nightmare for heirs if you do not have a Spanish will. Something as simple and economical as a Spanish will can save your heirs a lot of problems and unnecessary costs.
As an example, let’s imagine the case of a foreign married couple who habitually reside in Lanzarote and who have not made a will either in Spain or in their country of origin.
When resident in Lanzarote, the Spanish Inheritance Law and its strict inheritance systems will apply. This can lead to unwanted situations arising, such as part of the family home becoming the property of the parents or relatives of the deceased, rather than the surviving partner.
Then there is the situation that, by not having wills, the death of the deceased’s parents must be proven. This can lead to difficult situations, especially when there is a bad relationship with the in-laws of the surviving spouse, or if they were born in a remote location.
Even when you have a will in your country of origin, it is also highly recommended to have a Spanish will and save you or your partner months and months of waiting for the Grand Probate or the legalization document for the foreign will.
It may also be necessary to obtain administrative letters to prove the order of inheritance. This can cause unexpected costs involving expensive sworn translation documents.
Taking out a Spanish will avoid all those delays, all those bureaucratic documents and all those costs, and permits you to organize the inheritance in accordance with your own personal requirements, distributing your assets freely and easily among the people you want.
Make no mistake. A Spanish will is the best option. If you do not have one, do not hesitate.
