a freind aged 71 (i am 61), has sold his house in england and is living in my house in spain. Is his English will valid in spain,and if i die i would like him to carry on living in the house, and upon his death my assets would go to my family in England,how do i make sure this would happen?
Dear Sir,
An English will is perfectly valid in Spain. However it is not efficient for many reasons.
It is recommendable that you or your friend draw-up a Spanish Will exclusively for your Spanish estate. This will avoid probate in the UK which is expensive and takes a long time thus attracting the surcharges of Spanish Inheritance Tax for late payment.
Please read my article which explains in detail the advantages on why foreigners, resident and non-resident alike, should always make a Spanish Will exclusive to their Spanish assets besides their home country's Will:
Spanish Inheritance Tax: Advantages of Making a Will in Spain - 3rd September 2009
Please contact us if you or your friend are interested in hiring our Wills service:
Drawing Up of a Spanish Will
Yours faithfully,
Raymundo LarraĆ*n Nesbitt
I certainly agree with Lawbird Lawyer, a Spanish will is the way forward, and would like to add that the best option to allow your friend to live in your property until he passes away, is that, in this will, you designate him as your inheritor only for the usufruct (right of use for life or life interest) and your family in the UK as the bare owners. This would allow him to live in Spain and your parents would know that upon his death the ownership would revert straight into your family.