The importance of drawing up a will may go beyond what we might think.
Believe us when we tell you that we know of cases of people who did not draw up a will and their heirs have had real problems with the distribution of their inheritance.
Therefore, in addition to the legal way of getting the assets to the heirs, the will is also a tool that can avoid serious conflicts between family members and a way of “protecting” all of them, as well as the spouse who is left alive.
We look at it below.
What is the importance of leaving a will?
It is particularly important to note that the drafting of a will is the best way to protect, so to speak, the heirs.
On the one hand, the will makes it possible to specify how the distribution of assets is to be carried out, so that it is usual that the wishes of the heirs are fulfilled and that the distribution is fair and equitable for the future heirs.
In addition, the absence of a clear will can lead to disputes between family members about the distribution of assets. This can cause tensions and conflicts, which could be avoided if you have left clear instructions in your will.
We should also not forget that the absence of a will often leads to multiple problems in establishing the inheritance, which, moreover, often take a long time.
It is also important to know that the wording of the will does not necessarily have to be definitive. It can be modified as many times as necessary, with the last will executed before a notary always being valid.
Should I prepare 2 wills if I have assets in different countries?
This is a question that many of our clients ask us and that we must take into account as the answer is governed by the laws of the countries themselves and normally has to do with the tax aspects related to the heirs.
As a general rule, in the case of residents in Spain, the law governing the succession is that of the country of residence of the deceased, so when drafting a will it is necessary to ensure that the rights granted to the deceased by foreign law are not infringed.
On the other hand, it is important to emphasise that non-resident citizens who have assets or property in Spain must prepare their inheritance only for the assets they have in Spain, and it is therefore important to make a Will in Spain for, say, Spanish assets, as this will greatly facilitate the inheritance process in Spain.
At MAM Solicitors we have over 30 years of experience in helping our clients.
If you need any kind of advice on this procedure, do not hesitate to contact us and our specialists will help you with everything you need.