[Anonymous]

If a UK will leaves all worldly goods to the spouse and makes no mention of a Spanish will and subsequently a Spanish will is found which states the Spanish assets are to be left to the children what should be the outcome?

[Fuengi (Andrew)]

the most recent will would be the valid one, i would think

[Anonymous]

Spanish will was made 10 years before the UK will

[Anonymous]

You have to ensure that the Spanish will is prepared in the most tax effecient manner & keep a notariesed english copy as part of your English will.

[Anonymous]

It should always be the most recent will, regardless of where it was made, that is valid. Any will should also state that it overrides any previous ones. If it doesn’t you’ll need to get a parasite…sorry lawyer… involved.

[Anonymous]

Ok, so in my case the UK will would override the Spanish will meaning the spanish assets should be left to the spouse?

We are in this very situation where my Father made a Spanish will when he bought the property and then made an English will some years later. My mothers solicitor is convinced that the Spanish will deals with Spanish assets despite the UK will, so the assets are being left to the children rather than my Mother. It would be far better for the Spanish assets to pass to her than us therefore we’re hoping that our solicitor is wrong.

[Anonymous]

If you already have a solicitor involved take their advice.

[Fuengi (Andrew)]

@si-mate wrote:

Ok, so in my case the UK will would override the Spanish will meaning the spanish assets should be left to the spouse?

We are in this very situation where my Father made a Spanish will when he bought the property and then made an English will some years later. My mothers solicitor is convinced that the Spanish will deals with Spanish assets despite the UK will, so the assets are being left to the children rather than my Mother. It would be far better for the Spanish assets to pass to her than us therefore we’re hoping that our solicitor is wrong.

she probably knows better than us. But I would check EU regulations. As I understand it, for the english will to take precidence in Spain, it only needs to be officially translated.

keep up informed

[Anonymous]

If you have wills in more than one country care must be taken with the revocation clause in each will.

It is standard practice to include a clause revoking all earlier wills unless there are wills in other jurisdictinbs that need to remain valid. Any competent lawyer should ask about this and draft the will accordingly.

Put simply if your latest will revokes all others you have made all earlier wills are invalid, as regards English law anyway.

[Author]

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