Wills, Probate and Estate Planning

Our wills, probate and estate planning specialists help families prepare for when members are unable to make decisions for themselves, or for when they are no longer around.

We are specialists in Wills and Estate Planning and are happy to advise you on any of the following matters;

Will drafting and amendments
Execution of Wills
Lasting Powers of Attorney
Obtaining Grants of Probate and Letters of Administration
Administration of Estates
Re-sealing of Grants from the United Kingdom in Gibraltar
Cross-border estates
Court of Protection

Wills

If you are Gibraltar resident, or non-resident but hold assets in Gibraltar, to ensure the most efficient and effective distribution of your assets after your death is crucial. The legal position on the distribution of assets in the absence of a Will is very specific and this may not necessarily be in line with your wishes. It is important that a Will is therefore in place to clearly set out the intentions of the individual with regard to the distribution of their assets. This ensures that potential future disputes are avoided, which could be unnecessarily costly, burdensome and distasteful for family members.

Wills are not a “one size fits all” and specific advice is usually required to cater for different circumstances. We are therefore confident that the case-by-case approach and tailor-made Wills we offer our clients is the best manner in which to safeguard their wishes in the future.

Gibraltar Wills FAQs

What is a Will?

A Will is a document that allows an individual to put in writing how they wish to distribute their possessions when they pass away. For the Will to be valid it needs to be put in writing and executed in a specific manner.

What happens to my assets if I do not have a Will?

If you do not have a Will and pass away (this is known as intestate), any assets owned in your sole name may not automatically belong to your spouse, partner or next of kin.

Who can benefit from a Will?

Everyone can benefit from a Will, particularly those who:

own property
are holders of bank accounts, savings accounts, debentures and pre-paid cards
have a partner
have children
anyone going through a separation or a divorce
own a business or shares in a company
own cryptoassets
hold digital assets such as Google photo, iclouds, Facebook, Instagram, Twitter etc.

If I'm non-resident, can I benefit from having a Gibraltar-specific Will?

Someone who is not a Gibraltar resident but owns assets in Gibraltar can benefit from having a Gibraltar specific Will, particularly if you:

own business or a Gibraltar company
own property in Gibraltar
have bank accounts in Gibraltar.

What will happen if I have assets in Gibraltar but no Will?

If you do not have a Will and pass away, any Gibraltar assets owned in your sole name will be subject to the succession laws of your country of domicile/ habitual residence.

Before your Gibraltar assets which form part of your estate can be dealt with, your family members will need to obtain your succession documents from your country of domicile/ habitual residence. Obtaining these succession documents can at times take a long time. Only once these documents are obtained can the probate process start in Gibraltar. Having a Gibraltar Will may streamline the process as your executors can proceed to probate your Will in Gibraltar and give effect to your wishes in respect of your Gibraltar assets separately and independently from the probate process in your home country.

Do I need a Gibraltar Will if I already have a Will in my country of domicile/ habitual residence?

Having a Will in your country of domicile/ habitual residence is a great start, we do however recommend that if you own assets in Gibraltar that you have a Gibraltar specific Will.

Probating a Will usually takes a long time in most jurisdictions, and your executors will not be able to deal with your Gibraltar assets until that Will is firstly probated in your country of domicile/ habitual residence and then probated in Gibraltar.

Having a Gibraltar specific Will means that your executors can probate your Gibraltar specific Will and deal with your Gibraltar assets in accordance with your wishes independently to a probate application in another jurisdiction.

Lasting Powers of Attorney

A Lasting Power of Attorney is a legally binding document that allows an individual (called the donor) to choose a person or people that they trust to make decisions on their behalf (called the donee) if or when that individual no longer has the mental capacity/ ability to make decisions for themselves. The opinion of a medical practitioner is required to determine whether an individual has lost their mental capacity.

A Lasting Power of Attorney is a legally binding document that allows an individual to choose a person or people that they trust to make decisions on their behalf (called the attorney) if or when a person no longer has capacity to make decisions for themselves. Having Lasting Powers of Attorney can help avoid the need for costly and time-consuming court proceedings which would be necessary for your next of kin to act on your behalf. There are two types of Lasting Powers of Attorney, one to deal with the individual’s property and financial affairs and another to deal with the individual’s health and welfare.

Lasting Powers of Attorney FAQs

What is a Lasting Power of Attorney?

What happens if we don't have Lasting Powers of Attorney?

If you were to have a serious accident or change in your health that affects your mental capacity/ ability your next of kin would not have the automatic right to manage your financial affairs or make health decisions on your behalf. Having Lasting Powers of Attorney can help avoid the need for costly and time consuming court proceedings which would be necessary for your next of kin to act on your behalf.

Can an ordinary Power of Attorney replace a Lasting Power of Attorney?

No, an ordinary Power of Attorney is mostly used in a transactional or commercial context and typically used to authorise the attorney to deal with the donor’s affairs for a specific purpose. Unlike a Lasting Power of Attorney, a supervening mental incapacity of a donor will terminate an ordinary Power of Attorney.

Are there different types of Lasting Powers of Attorney?

There are two types of Lasting Powers of Attorney:

Property and Financial Affairs – this gives the donee the power to make decisions that may include withdrawing money from a bank account, dealing with property or re-investing assets. It can be valid from the moment it is entered into or only when the individual has lost their mental capacity.
Health and Welfare: this gives the donee the power to make decisions that may include whether to keep the individual on life-sustaining treatment or whether the individual should live in care. It can only be valid when the donor has lost their mental capacity.

Who can help us?

Our dedicated Estate Planning, Wills and Probate team at Hassans can assist.

Guidance PDFs relating to Wills and Lasting Powers of Attorney

Guidance relating to the areas above can also be accessed as a series of handy PDFs here. We provide a free initial consultation to discuss your wishes and we are also happy to answer any initial questions that you may have over the phone.

Gibraltar Residents – https://www.gibraltarlaw.com/media/2023/01/Wills-for-Gibraltar-residents-Jan-23.pdf

Non-Gibraltar Resident but with assets in Gibraltar – https://www.gibraltarlaw.com/media/2023/01/Wills-for-non-Gibraltarian-residents-Jan23.pdf

Last Powers of Attorney – https://www.gibraltarlaw.com/media/2020/05/Last-Powers-of-Attorney-Feb23.pdf

Probate/Administration of Estates

When a loved family member passes away it can be a very daunting time for those close to them. We provide support and guidance through the legal and administrative process required to be undertaken.

If an individual passes away with a valid Will in place, we can advise the chosen executors on the requirements to probate the Will and ensure that the wishes of the deceased individual are respected. This process often highlights the importance of having a properly drafted Will in place.

If a person passes away intestate (without a valid Will in place) we can advise individuals as to who is beneficially entitled to inherit, who can apply to become the administrator of the estate and how to distribute the relevant assets.

Cross-Border/Foreign Estates

Cross-border estates are those where deceased individuals held assets in more than one jurisdiction or had Wills in place in more than one jurisdiction. In today’s globalised world it is increasingly rare for individuals to have assets in just one jurisdiction.

We have extensive experience in dealing with cross border estates, particularly where the deceased individual had assets in Gibraltar and passed away domiciled in another jurisdiction. We also regularly advise clients where an individual has passed away in Gibraltar with assets abroad.

We have excellent relationships with law offices across numerous countries who we work with closely and trust, in order to provide our clients with a more cost-effective and personalised experience.

Re-sealing of UK Grants of Probate

If a Grant of Probate or a Grant of Letters of Administration has already been obtained in the United Kingdom, this can be re-sealed in Gibraltar to avoid having to apply for a new Grant in Gibraltar, which can be costly and burdensome.

We can advise you on the process and assist with the collection of any Gibraltar assets.

Contact us

For more information, get in contact with our Wills and Estate Planning team below. You can also call us on +350 20079000 or email us at info@hassans.gi.

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