Article copyrighted © 2019. Plagiarism will be criminally prosecuted.
By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
1st of August 2019
It is customary that when a solicitor drafts a will in the United Kingdom they add in a provision along the lines of “this new will revokes any other prior wills.”
This little line automatically revokes any prior Spanish will making it null and void. The legal implication of this is that to distribute the Spanish estate, as there is no longer a valid Spanish will, the family is now stupidly forced to go through a Grant of Probate in the UK; which normally exceeds one year, attracting in its wake penalties and delay interests from the tax office in Spain. All of which could have been easily avoided…
So, when you happen to make a new will in your home country, or elsewhere, please ensure your solicitor or lawyer adds in a provision safeguarding the validity of any previous existing wills made in Spain.
This little word of advice will save your family at a time of bereavement considerable aggravation, stress, money, hassle, extra fees and disbursements, tax penalties on submitting taxes late, delay interests, sworn translations, additional non-required Apostille seals etc
We all have our 'blond' moments, from time to time; just try and avoid this 'oops'.
You are welcome.
“I've seen things you people wouldn't believe. Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhäuser Gate. All those moments will be lost in time, like tears in rain. Time to die.” – Rutger Hauer (as Roy Batty in Blade Runner)
Rutger Oelsen Hauer (1944 - 2019). Ducth actor, writer and environmentalist. Likely the best Dutch actor ever, he was certainly one of the top in the world. With such 80's classics under his belt as Blade Runner and Ladyhawke, he earned his place. He sadly past away on the 19th July 2019 in Netherlands.
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Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.
2.019 © Raymundo Larraín Nesbitt. All rights reserved.