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Rules of intestacy or your wishes PDF Print E-mail
Wednesday, 25 January 2012 09:48
There are certain matters we don’t like speaking about and would prefer to forget. One of these matters is death and everything related to it. However, it is useless to try and ignore the subject because this inevitable reality will ultimately have to be dealt with. So it is best to prepare for the future in a calm manner.  It is always advisable to make a will to protect the interests of your loved ones. If you die without a will, the inheritance proceedings will be more complicated and your estate will be dealt with according to the rules of intestacy, and not according to your wishes. 
      A British citizen who owns an apartment in Spain can dispose of the apartment in the same will he uses to dispose of his property in the United Kingdom. However, the requirements and legal proceedings that must be carried out after his death in order to get this British will recognized in Spain are time-consuming, expensive and complicated.  The heirs must apply for a Grant of Probate relating to that will through the British Courts. The Grant of Probate has to be translated by an official translator into Spanish and legalised by the Foreign Office. 
      It is advisable to make a Spanish will for the disposal of your properties in Spain and to make a separate will relating to assets located in Great Britain or other countries. A Spanish will is not an expensive document. The will is made out in two columns, one in Spanish and one in English. We notaries keep the original document in our files and send a notification to the Central Registry of Wills (Registro de Actos de Última Voluntad) located in Madrid. After the death of the testator the heirs must apply to this registry for a certificate in order to find out the name of the notary who has possession of the original of the will in his files and apply to him for an authorized copy of it. 
       In short, making a Spanish will is the best way for you and your family to save yourselves a  great deal of time and money as well as avoiding all the problems associated with complicated legal proceedings should that far-off day we would rather not speak about finally arrive.
      
Tenerife News edition 441