Do they need executor?

Q.- I recently did my Spanish Will. The lawyer drawing up the Will appointed himself as the executor of the Will, giving him a maximum of five years to execute the Will. Is this clause normal?
1. What would happen if the solicitor pre-deceased me?
2. Why can’t I appoint my wife and children to be executors of the Will?
3. Can I amend the Will by taking it to another notary and attaching a codicil appointing my wife and children as the executors or should I do a new Will?
4. If the solicitor did execute the Will is there a government set fee or can he charge whatever he wants?

T K (Costa del Sol)

A.- Spanish law does not require that a testament have an executor. You cannot name your wife and children as executors because they are inheritors and the law says you cannot be named as executor if you are an inheritor. If your executor dies before you do, his appointment dies with him. There is no set official fee for an executor. His charges should be agreed beforehand. If you are unhappy it seems that your best bet is to get a new lawyer and make a new Will.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090

FacebookTwitterRedditWhatsAppTelegramLinkedInEmailCopy Link
Go Back
Written by

David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.