There are special personal situations where it is highly recommended to plan ahead. With our legal counsel, we have supported our clients for decades by translating their wishes into a correct legal Will, avoiding future problems and situations in which they or their relatives find themselves unprotected.
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Our advice in these cases is the planning of several important aspects to be considered in special situations:
- A Will with special provisions such as legal guardians for minors or legally incapacitated relatives.
- A will to protect the widowed spouse as much as allowed by law.
- A Will for couples with children of previous marriages.
- A Will which plans for assets located in Spain or in different countries, advice to foreigners and their relatives on the legal process of an inheritance in Spain.
- Legal and tax planning of a gift to children with reservation of life usufruct for the donor and reservation to sell or mortgage the property without the consent of the children.
- Planning of will to protect the freedom to naming beneficiaries existing in the country of the nationality of the testator from the legal inheritance of children existing under Spanish law.
- A Health Proxy or prior instructions for the event of a serious illness or disability.
- A Power of attorney for a trusted person in the event of incapacity the elderly and the ill.
- Analysis of the convenience of choosing the economic regime of separation of property or a prenuptial agreement in special family situations.
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We have been using it with our clients for decades and it has always served as a guide for making important and sensitive decisions such as a Will and Health Proxy.
What is a Will?
A Will is the document by which the person manifests his wishes as to the destination of his property once he has passed away.
In Spain, the most commonly used type of Will is the open testament which has advantages over other types of last wishes such as the holograph (handwritten) Will. In the case of the open Will, in addition to its low cost, the intervening notary testifies as to who made it and the date on which it was granted and thus there is no doubt when the last testament was granted in case of there being several, and no doubt as to its contents. The custody of the will is also guaranteed as it remains in the archives of the notary to be recovered when the testator passes away.
It is highly recommended to make a Will if you are in any of the situations mentioned above. Contact us, we will be happy to assist you.
What is a Health Proxy or Prior Instructions?
The health proxy is a document by which a person who is ill or anticipates suffering from a grave illness or deficiency that by affecting his physical or psychological state prevents him from expressing his wishes, dictates instructions or provisions relating to medical care. This document must be granted with a series of guarantees since the provisions they contain affect the physical and mental well-being of the person and it is therefore appropriate for a lawyer to inform and report the legal implications of the decisions taken in said document, as well as the type of instructions which be given in the document. They normally deal with the designation of a representative of the patient who will act as spokesman with the health team, concerning the medical care that the patient wishes to receive or not, etc.
In order for this document to be effective, it must be registered in the corresponding Autonomous Community Registry and incorporated into the person’s medical history.
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