Advocats Abogados

Reasons For Looking to a new Will

Legal Health - Help ( Covit 19 ) - Fuente: Spanish Solutions - 21st April 2020
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There are many reas­ons for look­ing at a Will, whether to write a new one, or to re­view one. Not only in these very dif­fi­cult times with covid-19 in mind but gen­er­ally.

Family Reasons

Some fam­ily reas­ons for writ­ing a Will could be the birth of a child or of grand­chil­dren or neph­ews and nieces. Al­tern­at­ively an ad­op­tion in the fam­ily. Or on the con­trary, sadly a death in a fam­ily. Or ill­ness or fear of ill­ness.

Not only of your­self, but a be­ne­fi­ciary, ex­ecutor or guard­ian men­tioned in your Will, which could change everything. Some­times is the UK and other coun­tries you might need to make changes as a child reaches the age of ma­jor­ity (18) or comes into a Trust.

Other reas­ons can be mar­riage (please note that in Spain mar­riage does not auto­mat­ic­ally re­voke a Will as in other coun­tries). But still it usu­ally leads to need­ing a change in a Will. As does re-mar­riage, di­vorce and sep­ar­a­tion (all of which re­voke or should prompt the need for a new Will also gen­er­ally).

In Spain, one main reason for making a Will is after an­other mar­riage when step chil­dren are in­volved. Then it is im­port­ant to have an up to date Will.
Reasons for Looking at A Will related to Issues Overseas

There can be sev­eral reas­ons that you may need to think about look­ing at a new or changed Test­a­ment to do with prop­erty abroad. Per­haps you are buy­ing or selling a prop­erty over­seas. Or you are plan­ning to live or work abroad. Or one of your chil­dren has gone to live on the other side of the world and changes need put­ting into ef­fect, par­tic­u­larly be­cause of powers of at­tor­ney.

Business Reasons

People of­ten for­get that if they are clos­ing down a busi­ness or start­ing anew one that it might ne­ces­sit­ate a change to a home coun­try Will.
Other Reasons

Per­haps you have dis­posed of an as­set already in your Will. This is not important in Spain, as Wills here cover all assets at the time of death. However, in other coun­tries it is im­port­ant to re­write your Will if you have sold a prop­erty men­tioned in it, for ex­ample. Or if you have changed your name. Or one of your ex­ecut­ors named in the Will has died or be­come men­tally in­cap­able.

With regard to Executors, in Spain these are not usual, ex­cept for when minors are in­her­it­ing. If men­tioned they will need to be very in­volved in the pro­bate. They will need a NIE num­ber and also they will need to give power of at­tor­ney or come over to Spain for com­ple­tion.

Legal Advice

Legal Ad­vice should al­ways be taken with Wills. Cur­rently, in this sur­real situ­ation, we ad­vise you to en­sure that you have home coun­try and Span­ish Wills. Or at least to be pre­par­ing them. We cur­rently have a wait­ing list for when the State of Alarm is over.

At the mo­ment, it is not pos­sible to com­plete a Will in Spain at a Not­ary. you need to be present to make a Will and Not­ar­ies are not open for these mat­ters. Nor can people travel at the time of writ­ing.