British expats and homeowners in Spain have been urged to review their final wills and testaments.

It comes after three lawyers were arrested over a €1million inheritance fraud targeting deceased foreign residents in Nerja.

The Guardia Civil probe began after a Spanish bank noticed suspicious withdrawals from the account of an elderly British man who had died.

Officers later uncovered a wider network involving forged documents, fake inheritance paperwork and attempts to appropriate assets belonging to deceased expats in Axarquia.

Three people have been arrested and another 11 remain under investigation for alleged offences including fraud, document forgery, identity theft, money laundering, unlawful appropriation of property and membership of a criminal organisation.

Two of those arrested have been remanded in custody.

‘Highly unusual’

Speaking to the Spanish Eye today, Alex Radford, dual-qualified English solicitor and Spanish abogado at My Lawyer in Spain, described the case as ‘highly unusual’.

He said one key issue appears to be the use of Spanish holographic wills.

‘In Spain you can sign holographic wills,’ Radford explained. ‘This is a handwritten will signed by the testator. No witnesses are required.’

By contrast, he said, while a will in the UK can also be handwritten, it must be signed before two independent witnesses.

Radford said that since he began practising as a lawyer in Spain in 2003, he has never prepared a holographic will for a client.

‘We would always recommend that a Spanish will is prepared in a Word document with two columns: one in Spanish and one in English, or the language of the testator,’ he said.

‘This should then be signed before a notary who can verify the mental capacity and state of the testator.

‘The notary holds onto the original and gives the testator a certified copy.’

How Brits can protect themselves

Radford said British residents and second-home owners should ensure their Spanish wills are up to date, properly executed before a notary and easy for trusted relatives to locate.

‘Ensure that your will is up to date, it has been signed before a notary and you have a copy at home,’ he said.

‘Share it with your loved ones and let them know what the process is on death.’

He also advised British nationals in Spain to prepare a clear list of their assets, bank accounts and key documents so relatives are not left searching for information after they die.

‘Prepare for the inevitable,’ Radford said. ‘Have a list of your assets, bank accounts and information ready. Let your loved ones know what your instructions will be.’

He added that some residents may also wish to consider arranging a funeral plan in advance.

Warning signs for families

The Nerja case has raised particular concern because many elderly expats live alone or spend long periods separated from close relatives abroad.

Radford said families should be alert to situations where carers or people close to an elderly person appear to be influencing inheritance arrangements.

‘Beware of carers trying to arrange for the elderly to change their Spanish wills to leave legacies in favour of the carers themselves,’ he warned.

He said families should only deal with lawyers experienced in wills and probate and registered with the relevant local college of lawyers.

Spanish and UK wills should work together

For Britons who own property in Spain but spend much of their time in the UK, Radford said the safest approach is usually to have both a Spanish will and an English will.

‘Have a Spanish will in place along with an English will,’ he said.

‘Review them every five years and ensure they work together. Spanish will for Spanish assets. English will for English assets.’

He said the most important step is communication.

‘Talk to your loved ones and prepare for what will inevitably happen.’

Radford added that foreign residents can reduce the risk of inheritance or property fraud by only working with ‘independent and experienced lawyers who have a track record.’

The Guardia Civil investigation remains open as officers work to determine whether there are more victims or additional suspects linked to the alleged Nerja inheritance fraud network.