SUMMARY OF THE ARTICLE
1.- An up-to-date will.
The first step towards getting your affairs in order, and the most important one, is having a valid, up to date will. Review it after significant family or financial changes, so it reflects your genuine last wishes. Assuming a will isn’t necessary, because your children or spouse will inherit regardless, is a common mistake. Having a will always makes things easier.
2.- Deeds and property.
It is advisable to keep the deeds to all your properties together in one place, along with the relevant council tax (IBI) receipts. If you own several properties, it also helps to leave a simple list showing their location and cadastral reference.
3.- Banks, insurance and investments.
Note down contact details for the banks you use, together with a list of any life insurance policies, investment funds or shares you hold, with the relevant reference numbers. A simple document with this information can save your family a great deal of time and hassle.
A few weeks ago, we looked at the documents heirs need to gather to administer an estate. Certificates of bank balances as at the date of death. An authorised copy of the last will. An inventory of assets. Etc. This week we take a step back in time, to focus on “getting your affairs in order”. And we answer a question many clients ask us in our office: how can I make things easier for my heirs, and what documentation should I gather in advance?
An up-to-date will. A key, essential element.
The starting point is always the same: having a will. In our office, we come across countless estates in which the absence of a will becomes a real headache for the heirs. Not because the estate cannot be administered without one, but because it involves considerably more work. Heirs must prove their status. Present their family record books “Libro de familia”. Birth certificates (apostilled and translated if issued abroad). A declaration of heirs must be signed before a notary. Etc. Also, if a foreign law applies to the succession, a certificate of law may also be required, duly apostilled and translated.
With a will, all of this is resolved in advance. Without one, your heirs will face more paperwork, more time, and more expenses.
What else is worth having ready? Property deeds.
It is advisable to keep the deeds to your properties together in one place, along with the IBI receipts and cadastral reference for each. This proves particularly useful where properties are in different provinces, or even different countries. If this information isn’t available, heirs can always approach the Land Registry and Cadaster to locate the assets. But having it ready beforehand saves time and unnecessary steps.
Banks, insurance, investments, vehicles.
The same applies to financial products, vehicles, and similar assets. It is well worth noting down the contact details of the banks you deal with regularly; along with a clear list of any life insurance policies, investment funds, pension plans or shares you hold. There is no need for anything complex. A simple, up-to-date list, kept somewhere known to a trusted person (your spouse, your children), will do. Any outstanding loans or debts should also be included, as heirs will need to account for these too.
Does any of this need to be formalised before a notary?
No. Unlike the will, this kind of informative list requires no special formality. It is simply a practical tool that makes the process considerably easier later. That said, it is worth keeping it up to date and letting your trusted person know where to find it when the time comes.
Conclusion.
Ultimately, if you are wondering how to go about getting your affairs in order and making things easier for your loved ones, the answer needn’t involve major formalities. Review your will. Gather your deeds together. And make sure your banking and insurance details can be easily located. In time, this simple task will prove enormously helpful to your family, at a moment that is already difficult enough. At White Baos Lawyers, we have spent almost two decades helping clients of all nationalities plan their estates. Do not hesitate to contact us.
The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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