Wills are a delicate issue. We've heard tell that one person was clobbered by the tax man in the UK because they could not prove they had broken all ties with the UK. The difficult issue of domicile against residence was hotly debated but the taxman's ace up his sleave was a letter sent by the lady to the taxman which refered to the UK as " ... when I return home..." - gotcha!

To be honest, that sounds like a bit of an urban myth to me! I wouldn't have thought that they could use one's choice of words to prove anything, not concretely so, anyway.

In any case, there is a specific form for tax purposes for British citizens leaving the UK. It's simply called "Leaving the UK". If one has submitted this, then the Inland Revenue wouldn't have a leg to stand on, and one wouldn't need to prove anything else. If one has not submitted this, then clearly they could argue that one hadn't in fact left the UK for tax purposes.

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Janet Anscombe Associates
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for anyone living in or moving to Tenerife
Visit our website www.janetanscombe.com

I am afraid it is not as simple as that ... it is easy to prove you are no longer "resident", and so no longer liable to income tax, but to be no longer liable for Inheritance Tax, losing your Domicile of Origin is more difficult . You have to prove that you have cut all your ties with the UK, sold all your assets, resigned from clubs etc. You are trying to prove that you have a new Domicile of Choice where you intend to spend the rest of your days - in fact, plan to die there. So I can well believe the story above.

Fair comment. Yes, was thinking in terms of day to day taxes, not inheritance.

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Janet Anscombe Associates
The Tenerife Experts
for anyone living in or moving to Tenerife
Visit our website www.janetanscombe.com

OK, so how do we arrange to get our SPanish wills done & how much??

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Just what I was going to ask

Janets your man, sorry Woman ,,,

OK, I've already spoken to Aquayle, but the process is really quite simple.

I have standard forms that I use which the notary recognizes. I meet with people to discuss their circumstances and check that they are within normal simple Will limits and offer whatever advice they might need, and during the meeting fill out the form with all the relevant details and get a copy of the passport(s). I then taken them to notary and an appointment is made, usually within a few days of the first meeting.

The people making the Wills need to sign at notary, and when they arrive (I go with them) the forms I've presented will have been drawn up into formal Spanish Wills. A translation is given at the notary, and then the Wills are signed. I go back a few days later, collect the Wills and deliver them in person.

I charge 90€ for one, plus an extra €30 for any subsequent Wills: normally it's a couple, so it's 120€ for the pair. The notary charges too, however, and I've known charges range between 70 and 90€ per Will ... assume 80€ as an average and you won't be far wrong. For a couple, therefore, the total cost will be 120 + 160 = 280€.

Was reluctant to appear to be "advertising", but at least this should clarify things ... whether people choose to come to me or not

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Janet Anscombe Associates
The Tenerife Experts
for anyone living in or moving to Tenerife
Visit our website www.janetanscombe.com