Wills
It is important to have a Will anywhere that you own property or have assets whether it be Spain or the UK or anywhere else for that matter and it is possible to get a will drawn up to overide the rules in another country ot to only look after your assets in the country you are in so...
Ideally a Spanish Will deals with your assets in Spain. A Spanish Will should be made in conjunction with an English will and visa versa and each should reflect the other to avoid contradictions and arguments at a later date. To have a Spanish Will alone leaves you possibly exposed to an argument that you are actually a Spanish Resident and therefore your assets should be distributed accordingly with Spanish Law and not English Law.
The Spanish authorities try to raise as much revenue as possible because until 2006 they were a net recipient of EU funding whereas now they are a net contributor and they need to find the money from somewhere. If they can raise the revenue through more stringent assessment and collection of taxes such as property taxes and inheritance tax then they will not need to raise the IVA or Income Tax. So beware!
The Valenciana government have recently changed inheritance laws for its residents.
So...
If a foreigner happens to die in Spain without having made a will, his estate can be disposed of under the Spanish law of compulsory heirs or enforced inheritance discussed a little further on in this section.
Get proper legal advice as soon as you have assets/property in Spain and are not covered by a will.
Normally, a foreigner, resident in Spain, is permitted to dispose of his Spanish assets according to the law of his home country - providing of course his will is valid under that country's law. If you intend to live in Spain for a long time, it may be necessary for you to create a legal domicile in your home country for the purpose of making a will.
It is probably a wise thing to do to have wills in existence for all countries in which you own properties, then your assets can be dealt with immediately under the appropriate local laws without having to wait for probate in another country. It will be far quicker, and also be far cheaper even if at this time you are not really particularly interested yourself!
Having a Spanish will for Spanish assets will hasten the will's execution and avoid the miserably long and complicated process of having a foreign will executed in Spain and a lot of avoidable stress for your family. If you have a will in your home country and another in Spain you must ensure that neither contradicts nor invalidates each other. When you make a will, don't just forget about it. Things change and hopefully for the better so you will also need to update your will as and when necessary. People who have second marriages and children from previous marriages need to be aware of this and not let them have any problems in recieving what you want them to. Ammend the wil whilst you can never leave it to chance!
Four types of Spanish Will
The first is known as an open will. This is the normal and most suitable kind of will for most people. Its contents must be known to the notary and to three witnesses, who can be of any nationality, each of whom must sign the will. It's unnecessary to employ a lawyer to prepare an open will, although in most cases it is usually advisable.
It must however, be prepared by a notary who is responsible for ensuring that it is a legal and properly drawn up document. He will give you a copy and send a copy to the general registry of wills in Madrid. The original remains at the notary's office. If you don't understand or speak Spanish fluently, you will need a translation into English or the language of your home country.
If you wish the content of your will to remain a secret, you can have your lawyer draw up a closed will. You then take the will to a Notary who seals the envelope and signs it along with the witnesses and then files and records it the same as for an open will. You need a lawyer for this purpose because the will must conform to Spanish law.
You can make what is known as a holographic will, in your own handwriting, but this had to be authenticated as genuine before a judge, which means more time, trouble and expense.
It is even possible to make a verbal will, in the presence of five witnesses. Each of the five then has to testify to the notario that these are truly the wishes of the deceased. The notario then prepares a written will and certifies it. It may be that if your possessions are no more than a modest Spanish property and a few other odds and ends then a holographic will may be adequate for you.