No Spanish Will….. Read this…… – Comaskey Properties


All cli­ents – please read this if you do not have a Span­ish Will, and are Brit­ish or Ir­ish with as­sets in Spain.

We are see­ing many cases whereby someone has passed away and it is as­sumed that the situ­ation is the same as in Ire­land and in Bri­tain, that there is the prin­ciple of sur­viv­or­ship.

In these coun­tries, prop­erty held jointly is not in­cluded in the de­ceased’s es­tate as the prin­ciple of sur­viv­or­ship ap­plies to such prop­erty. On the death of one joint owner, usu­ally it would be hus­band and wife, his in­terest auto­mat­ic­ally passes to the sur­viv­ors.

Once the death cer­ti­fic­ate is ob­tained the prop­erty passes to the sur­vivor(s). This means that the prop­erty does not form part of the test­at­or’s as­sets for the pur­poses of any Will in Bri­tain or Ire­land. Such prop­erty is out­side the Will and is not con­sidered when ad­min­is­ter­ing the es­tate. Very simple and easy.

However, please do not as­sume that if you own a prop­erty in Spain, thus you do not need a Will. The situ­ation here is DIF­FER­ENT, and if there is no Will it will be much more costly than if there had been, be­cause the next of kin or ex­ecut­ors are go­ing to have to ob­tain a Grant of Let­ters of Ad­min­is­tra­tion. The Grant is­sues to the per­son or per­sons who were their nearest next of kin at the date of death.

Then this grant will be needed in Spain for the Not­ary to trans­fer the prop­erty, bank ac­count, car or other as­sets into the names of the in­her­itor or in­her­it­ors.

If I tell you that a Span­ish Will made with us costs 181.50€ per per­son or 338.80€ for a couple, and Let­ters of Ad­min­is­tra­tion in the UK cost up­wards of 1,200 pounds ster­ling, you can see the sense in get­ting Span­ish Wills in place next time you are out here in Spain.  It will save your next of kin not only a lot of money but also a lot of hassle in­volving so­li­cit­ors and the For­eign Of­fice and trans­la­tions.

Just email [email protected] and we will send you a simple form to com­plete.

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