Drawing a Spanish Will
Here at Lupain Tenerife Estate Agents we can assist you with the drawing of your Spanish will which is highly recommended if you own a property or have assets in Tenerife.
Even if you have already made a Spanish Will in the past but due to recent changes in European laws up to as recently as 2016, it is recommended that you study the entitlement of your ‘will’ to safeguard that it confirm with which national laws you wish to apply the division of your estate. If this is not done then this will result in the Spanish law on the distribution of your estate overriding your intended beneficiaries and changing how your estate is distributed. For more information, please Contact Us.
In most Wills it should specify that the testor/s making the new Will hereby agrees to cancel all previous wills made by them. It needs to specifically be stated that this excludes your Tenerife Will otherwise if you are drawing a new Will this would cancel your Spanish Will and a new one would have to be draw up once again for your Tenerife assests
In the event that you get married or divorced, the best course recommended is that you arrange new Wills in the country where you own property or have any asset
1. Who can make a will in Tenerife - Spain?
Anyone aged over 14 is capable of requesting to make a will.
2. What Types of will should I choose
The most two most common catagory of Wills available are:
A. Open Will
This is the type of will most used for individuals in Spain and has to be signed in front of a Public Notary, who retains on file the original document signed in his office. The Notary’s office will then notify the office of the Central Registry of Spanish Wills to register the new will.
B. Closed Will
Using a ‘closed will’ requires that the contents are kept sealed in an envelope.
During this process you are asked by the Notary in the form of a declaration the contents of your Will, whether you have written this yourself or if a third person assisted you in the preparation. On a final point you will be requested to confirm that you have signed this new will or this has been done by someone on your behalf.
The Notary then seals your wishes in an envelope signs it and is filed in his office with a notification to the Central Registry of Wills located in Madrid.
Registry of Spanish wills
A registration number is assigned to every will which is held on file at the Registry of Spanish wills which is located in Madrid. Having a unique registration protects the testator’s wishes that his possessions and assets cannot be sold or transferred to a third party..
As all copies of Wills are filed at the Central Registry this office can confirm whether a deceased has a valid Will. Also if a known Will is misplaced then one can ordered requesting the name of the Notary who is holding the original deeds using the unique registration number.
How is the inheritance distributed?
It is the possible under Spanish law to apply the law of your nationality for the distribution of your assets/estate make in your Will. For this reason it is advisable to declare to which application of law you wish your will. If this is not done then Spanish law will apply due to a change in the inheritance system in 2016.
