Is a Spanish Will valid in the UK for UK assets

devoncop22

Hi

I am not sure if anyone can help but one of my parents made a will in 2021 in Spain when they were resident there but has since moved back to the UK after the death of her husband. 

Does anyone know if the will she made in Spain is equally valid for the division of her assets in the UK on her death or if she needs to to a UK will now ?

Many thanks in advance.

Shelldean

Maybe ask on the probate board. Which is a subforum of this one!

buddy9

Covered by the Wills Act 1963, including section 1 which states:

 1 General rule as to formal validity.

A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed, or in the territory where, at the time of its execution or of the testator’s death, he was domiciled or had his habitual residence, or in a state of which, at either of those times, he was a national.

So it could be valid, but the executor would likely need a certified translation, and a form of opinion regarding validity etc. It seems much easier to make a new will if parent has capacity.

user1977

I agree it's going to be much more straightforward for her just to make a new Will rather than worry about whether the Spanish one works.

devoncop22

Thanks all. 

The Spanish will has been certified and has a full English translation but that is a big help.

Due to "issues" in the family I am trying to ensure no grounds to dispute any will so a new English will may be the best idea !

Mands

devoncop22 said:

Thanks all. 

The Spanish will has been certified and has a full English translation but that is a big help.

Due to "issues" in the family I am trying to ensure no grounds to dispute any will so a new English will may be the best idea !

Wills are, usually, jurisdiction-specific. So one has an English will for assets in England and a Spanish will for spanish assets and so on.

Get a new will, especially if there is any cause for debate. It'll save money and grief in the long run.
Mands

SiliconChip

Does she still have Spanish assets? If not then absolutely making a new English Will is the best option, but if she does then you need to make sure that the English Will is acceptable for the disposal of Spanish assets, or if there needs to also be a Spanish Will solely to deal with those.

devoncop22

Thanks all that is really helpful.

No assets remaining in Spain as far as I am aware so an English will is the way to go .

Boat_to_Bolivia

Does the Spanish will state Worldwide with regards to assets? If so it will cover her UK assets.

However saying that, if she no longer has any assets in Spain, I would suggest having a new English will written.

devoncop22

No it doesn't specifically mention "worldwide" and she no longer has Spanish assets as has sold up and moved back to the UK .

The problem will now be to get her to do a new English will .

I am just glad I won't be an executor :-)

Savvy_Sue

Check this, but can she destroy or renounce her Spanish will?

Even if she can't, would she be considered intestate in the UK? 

If so, would she be happy with that? If not, would that encourage her to make a new will?