Now in our 18th year!
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Time To Review Your Will?
Lawyers are often accused of labouring the point that anyone with property in Spain should have a Spanish Will. I make no apology in repeating this message yet again.
Now the holidays are over it is a good time to sit back and take stock and make plans to put your affairs in order. Many foreigners resident in Spain go to great lengths and expense to try and put their affairs in order to avoid complications for their families after their deaths. It can come as a great shock and a disappointment to discover that the arrangements which were so carefully made fail to have the desired effect.
Yes, it is possible to obtain probate of a English or other foreign Will in Spain but you must get probate of the foreign Will first, have it “legalised”, then translated by a certified translator, possibly also obtain a “Certificate of Law” from a foreign lawyer or Notary, again “legalised” and translated. These expenses can add many hundreds of pounds or euros to the cost of Probate, and cause months of delay, whereas the cost of a run-of-the-mill Spanish Will is a fraction of this amount.
Every so often we come across so-called “International Wills” which have not been prepared by lawyers and which often fail because they are not signed correctly and the language used in them is ambiguous.
Recently, in an effort to prevent fraud, probate registries in England and Wales are increasingly asking that applications for probate of Wills signed overseas are supported by a sworn affidavit from either or both of the witnesses to a Will that they did indeed witness the testator sign their Will and that it is genuine. If you are making a new English Will always make sure that your witnesses are traceable in case they need to swear an Affidavit of Due execution when probate is applied for.
If you have a Will and are concerned that it may be ambiguous, or may not reflect your wishes as you intend, or you don’t have a Spanish Will contact us to make a new Will while you still can, rather than leave a legacy of expense, delay, and heartache for your descendants.
Link Point Legal and Business Services: 96 626 0500 email:
client@linkpointlegal.com www.linkpointlegal.com
Female Focus
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