Question
Does anyone here have a Spanish Will in place that covers assets in both jurisdictions (their country of origin and Spain)? I’m unsure whether the legal validity of such Wills would be recognised in each country, and wonder if I just need to have two separate ones in place.
Answers
These are the answers of some Facebook group members:
“Separate and according to the laws of their respective countries. Each country requires its own will… even if it’s referring another one, it is still a legal document of said country. Spanish estates go to next of kin automatically unless specified in a will (this is their laws). So you’d need a Spanish will to state the difference. US laws may not recognize foreign documents as its not notarized by a US notary… therefore, you have to follow the laws of respective countries.”
“Doesn’t have to be separate wills if you state differently in writing. We have 2 wills. One in the US and one in Spain. Our Spain will states in writing that it is to follow the probate and succession laws of the US only. So, our spanish Wills do not follow the laws and succession rules in Spain. We have a clause that states it is to only follow what our US wills state”
“If you have any significant property in Spain, having a will there is wise. I didn’t have much, so I just mad a simple one giving all property in Spain to a nonprofit group and specifically stating that anything in any other country would remain there and be handled by that country’s laws. (Not that Spain would have any power to do otherwise!) https://www.hg.org/legal-articles/estate-planning-when-you-own-property-in-other-countries-42555“
“I think you need more than one if you have property or other major assets abroad. We just have kids abroad, and a UK bank account, so we just have a Spanish will.”
“A will registered in Spain is held in a central register, whereas in other countries just by your lawyer. But its possible to just simply say in a Spanish will, use x countries procedure”
In conclusion, it seems that having separate wills for assets in each country is the safest option to ensure legal validity in both jurisdictions. Each country has its own laws and requirements for wills, and foreign documents may not always be recognized. However, some Spainguru Community members suggest that it is possible to include specific clauses in one will to follow the laws of another country or to specify that assets in one country should remain there and be handled by that country’s laws. Ultimately, it is important to seek legal advice and understand the laws and requirements of each country to ensure that the assets are distributed according to the individual’s wishes.
