Where there’s a WILL … the process in Spain

Paul Whitelock has just got a new Spanish Will. Here he describes how the process can be relatively painless and also quite cheap…

Foreigners resident in Spain are advised to have a Spanish Will with a translation into their native language alongside it. This should make life easier for the heirs. If you die intestate, the Spanish State decides how the assets are to be divvied up, according to a formula set by law. This will most likely be contrary to the wishes of the deceased person.

Yet many foreigners seem in awe of the process and either do nothing or rush into the arms of expensive lawyers. I learned the hard way, unfortunately. I had a Spanish Will prepared many years ago by a lawyer who charged me 300 €. When I did a new one this week I went to the notary and he charged me just 45 € !

If you know how you want your assets to be distributed after your death, just pop along to your local notary – they usually have an expert who specialises in this kind of work – and have a chat. He or she will prepare the document and arrange for the official translation and once the draft has been prepared it’ll be sent to you by email for checking.

Then it’s just an appointment and ten minutes with the notary and Bob’s your uncle! Not only do you have your affairs sorted out; you also have peace of mind.

Two years ago the right-wing Partido Popular regional government in Andalucía changed the law on inheritance tax. Your heirs, eg your children, will currently pay no tax on inheriting your house in Spain provided that it was your main residence. The only worry is that if Andalucía elects a socialist regional government next time, they may change it back to the way it was.