Would a Notary be informed

faolteam

If an Irish Will is written and is revoking any other Will, and the person has an Old Spanish Will as well,

Would the Notary from Spain know that the Spanish Will has ben revoked, so he wouldn’t haveto write another Will.

Thanks.

Peregrinus

First question to ask is whether making an Irish will that revokes all previous wills is effective to revoke a previous Spanish will. That's a question of Spanish law. My guess — and it's just a guess — is that it is probably effective, but it's possible that, e.g., Spanish law requires wills, and revocation of wills, to the registered with the authorities in order to be effective, in which case (as a matter of Spanish law) the Spanish will would remain in force until you register the Irish will in Spain.

Second question: what "notary from Spain' are you talking about? Making an Irish will won't require the involvement of any notary from Spain. It may be that the previous Spanish will was drawn up with the involvement of a Spanish notary but, if so, does the notary have any function in relation to the will once it has been drawn up and executed?

If there is a Spanish notary who has a continuing involvement with the Spanish will, and a continuing function in relation to it, then he's not going to know about the new Irish will unless someone tells him — presumably, the person who made both wills. And contacting him to tell him that the new will has been made is a suitable occasion on which to ask him whether anything more needs to be done to complete the revocation of the Spanish will.

Third question: where is the estate going to be situated? If, when the testator dies, they are resident in Ireland and all their property is located in Ireland, then it really doesn't matter that there exists a former Spanish will which is still valid in Spain. The estate will be administered in Ireland in accordance with Irish law, and as a matter of Irish law the Irish will is effective to revoke all previous wills. But if the estate includes property in Spain, then Spanish law will apply to the administration of the part of the estate that is in Spain, so it matters whether the Spanish will is still valid or not

faolteam

I spoke to a legal company in Spain this was there answers but it seems to me if u say nothing nobody knows :

The wording says 'revoking ALL Wills at any time'. This would therefore include the Spanish Will. If it is your intention to also give your Spanish assets to your nephews and nieces this is not a problem except that you would need extra administration including certified translations for it to have effect in Spain.

However if it is your intention to leave your Spanish assets to someone else (i.e. Brothers and Sisters) then you now need to have a new Spanish Will detailing this and stating it does not cancel your Irish Will. If that was your intention then the Irish solicitor should have put in the new Will that your Spanish one was not cancelled, only any other Wills except that one.

It is usually simpler to administer separate Wills for each country (but not cancelling each other out).
The highlighted section below means that your Spanish Will has been revoked and you now need to make a new one as the irish one will be dated after the Spanish one and therefore the Spanish one will not be able to be used at the time of your death.

Joe blogs of Dublin make this my last Will and Testament herby revoking all Wills at any time previously made by me and I declare this to be my last Will.

They offer this as well wasn't sure if it was a good thing seen selling it would be easier for beneficiaries

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