It is very common in the UK that people appoint executors in their wills to make sure that their last wishes will be fulfilled according to the will; and for this, the best way is to appoint an executor in Spain, which are usually lawyers who know the British Law.
Many of our British clients ask about an executor in Alicante, and we must say that even though the executor also exists in Spanish law, the differences between them are huge. While in the case of British executors, they inherit the entire estate to enforce the will with all the powers, in the case of Spanish executor, it is a mere manager that unless the will provides faculties, they will have great difficulty to execute the will.
It is then very important that the will was drafted by Spanish lawyers who are familiar with both laws, so that the last will of the testator is met.
In this case, the testator may sign an open will and testament where he can appoint his testamentary executor and partitioner with the broadest powers, including real properties and bank balances or stocks deposited in bank institutions.
Thus, there is no problem to get an executor in Alicante but he must have relevant experience.
The testator can also extend the term of such appointment for five additional years and authorise the executor to hand over the legacies.
Many testators are also interested in making clear the way they want to be incinerated or what to do with this ashes.
As usual, we recommend putting in the hands of experts in law of international succession in order to find an executor in Alicante.
Partner in Cañizares Abogados.
Member of the British and Spanish Law Association. (BSLA)