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I followed the thread called 'Cost of Wills', where some people had said that any UK will should not state 'This makes all other wills invalid.'

I thought I should share the information given to me today by several UK solicitors.

By law UK wills have to include this phrase. They can also state the existence of a Spanish will, and that both should be read together to cover all your assets.

As we have existing wills which are now out of date, I have come to the conclusion that it is easier to make new UK wills and link them to our Spanish ones when we get there and make them.

I also noted that the Spanish will should say that it is being made 'according to the law of the UK.'

It's thanks to the thread mentioned above, and some others regarding wills, that I got to the point of calling the solicitors and deciding to update our UK ones before we emigrate.
Thanks to Snikpoh, Baldilocks and Larryzx, I always appreciate your input!

So much to do, so little time! ;)
 

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I followed the thread called 'Cost of Wills', where some people had said that any UK will should not state 'This makes all other wills invalid.'

I thought I should share the information given to me today by several UK solicitors.

By law UK wills have to include this phrase. They can also state the existence of a Spanish will, and that both should be read together to cover all your assets.

As we have existing wills which are now out of date, I have come to the conclusion that it is easier to make new UK wills and link them to our Spanish ones when we get there and make them.

I also noted that the Spanish will should say that it is being made 'according to the law of the UK.'

It's thanks to the thread mentioned above, and some others regarding wills, that I got to the point of calling the solicitors and deciding to update our UK ones before we emigrate.
Thanks to Snikpoh, Baldilocks and Larryzx, I always appreciate your input!

So much to do, so little time! ;)
This phrase ONLY has to be included if you do NOT wish your estate to pass to your children. If you are happy to follow the Spanish rules, then this clause does not need to be added.

I hate the way so many people are scaremongering by saying that ALL wills now have to be changed to include this phrase - they don't! There are NO tax implications, it's solely about who you can leave assets to.


Equally, I don't think it's actually against UK law not to include the phrase about replacing all other wills - just very sensible. Yes, make sure that they both mention the existence of the other and that they should only cover assets in each respective country.
 

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I followed the thread called 'Cost of Wills', where some people had said that any UK will should not state 'This makes all other wills invalid.'

I thought I should share the information given to me today by several UK solicitors.

By law UK wills have to include this phrase. They can also state the existence of a Spanish will, and that both should be read together to cover all your assets.

As we have existing wills which are now out of date, I have come to the conclusion that it is easier to make new UK wills and link them to our Spanish ones when we get there and make them.

I also noted that the Spanish will should say that it is being made 'according to the law of the UK.'

It's thanks to the thread mentioned above, and some others regarding wills, that I got to the point of calling the solicitors and deciding to update our UK ones before we emigrate.
Thanks to Snikpoh, Baldilocks and Larryzx, I always appreciate your input!

So much to do, so little time! ;)
What your UK will should state is that the new will is your last English will and testament and supersedes all other English wills and testaments relating to your estate in the UK alone and any estate domiciled in Spain is dealt with under a Spanish will. Your Spanish will should state that it only relates to your estate in Spain and your assets in the UK are dealt with under a separate English will.

The first clause in your Spanish will should state:
"He states that he wishes the disposition of his assets, rights and shares to be under the provisions of the law of his nationality as provided for under Civil Code Article 9(8) and the EU Succession Regulations, 650/2012 Article 22 when in force."
 

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We have been sorting out our wills this past week and it may be of interest to note that anyone named in your will to inherit has to have a Spanish NIE number. So anyone living outside Spain who stands to benefit from your will will have to have an NIE before they can inherit.
 
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