Lanzarote Relocation

Although not a nice subject to discuss… it is a vital one, because death usually comes unexpectedly – and this is why it is always best to draw up a will in Lanzarote as soon as possible. The last thing you want to be worrying about whilst grieving, is that you need to sort out legal matters in a country where you may not speak the lingo – and even if you do… how is your legal knowledge? We would always recommend that you have a will – this is especially important if you own property in Lanzarote.

Broadly speaking, anyone from the age of 14 years old can write a will. There are three main types of will – Holographic, Open, and Closed.

Closed Will – this type of will is exactly what it sounds like. A copy of the will is placed within an unsealed envelope and provided to a Notary. The Notary will ask you to make a formal declaration that you have made your own provisions in the will, and attest that you have written it yourself (occasionally it can have been written by a third party). This means that your wishes within your will are kept secret. The Notary will seal the envelope and keep it in his files for you, whilst also notifying the “Registro Centro de Última Voluntad” in Madrid. This will is not allowed to be made by blind or illiterate people.

Holographic Will – this type of will is completely in the testator’s handwriting, and dated and signed by him/her on every page. It must be witneeçssed as genuine in front of a judge by someone who knows the testator and can verify that the handwriting is indeed theirs. Once it has been verified, the judge will accept the contents, and the estate can then be divided out in accordance with the testator’s wishes on the event of their death.

Open will – this is the type of will that most people in Lanzarote will opt for. It is made before a notary, who will keep a copy of it on file. They will also arrange for a copy to be sent to the “Registro Centro de Última Voluntad” in Madrid. The Notary is within his rights to request the presence of 2 witnesses.

Who can act as a Witness?

Anyone over the legal age. However – you cannot be a witness if you are deaf, mute, blind, or illiterate. Your spouse, and in some cases immediate relatives, cannot act as witnesses either.

Every will is given its own unique certification number, and this is filed at the “Registro Centro de Última Voluntad” in Madrid. Legal copies of all Spanish wills can be found there – which is needed in case it is unsure whether a deceased person made a will or not. You can then gain the name of the Notary who made the will, and you can get a copy from them. This has to take place within 15 days of the person’s death.

Changing your will.

This can be done at any time, providing the person who made the will is still of sound mind. If more than one will exists… it is the latest will that is deemed the true will. The “Registro Centro de Última Voluntad” will advise you which will this is.

A will is deemed invalid in any of the following situations (not an exhaustive list):

1. If the testator was not of sound mind when the will was written.

2. If the testator has been found to have been under duress, fraud, or domination when the will was made

3. When a beneficiary cannot be identified

4. When the will has been revoked and a new will drawn up in its place

5. A holographic will is null if it is niot filed before a judge within 5 years of the testator’s death

6. A Closed will is voided if the envelope it is contained in is damaged

Inheritors
The following can inherit.

In the first instance it is the children of the testator ( a compulsory heir)

The second instance – if no children exist, then it can be his parents. ( a compulsory heir)

The third instance – the surviving spouse ( a compulsory heir)

Voluntary heirs – the testator may specify beneficiaries

If no compulsory heirs exist, then the voluntary heirs can inherit all of the assets

If somebody dies without leaving a will, then Spanish Law intervenes. Also, even if a will has been written – Spanish Law can deemit as non existent in the following situations:

· When there are assets not mentioned in the will

· When the heirs do not accept the terms of the will, or it has not been accepted within the correct time frame

· When an heir is incapable of inheriting

· If the will was in the process of being destroyed

· When the will does not include the correct compulsory heirs, or if a person is named as being a compulsory heir when they are not.

The Spanish laws of succession set out the following hierarchy of inheritors in case of intestacy:

Descendants: The decedent’s issue and their descendants will inherit in the first place. Either legitimate, illegitimate child or individuals adopted have the same succession rights.

· Ascendants: They will inherit when the decedent dies without leaving issue. They will inherit in equal parts.

· The spouse will inherit if the decedent has neither issue nor ascendants.

· Collateral family: If the decedent had neither descendants, nor ascendants, nor spouse, his brothers and/or sisters will inherit equal parts of the estate. Nephews/nieces will inherit the portion that would have corresponded to the brother/sister deceased (brother/sister of the testator and father/mother of the nephews/nieces who shall inherit)

· Cousins will inherit when there exist no one of the individuals above mentioned.

· The Spanish Government will inherit when there exist no one of the individuals above mentioned.

This article is merely an introductory guide. Of course we always recommend that you seek the services of a qualified person to carry out any legal activities on your behalf. We recommend the services of Ben Simkins of www.asesoriaeuropa.com based in Costa Teguise, Lanzarote

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