European Law and Spanish Wills
Important information regarding Spanish Wills.
Many of our clients have contacted us recently worried about Spanish wills and the new EUROPEAN law regarding probate proceedings and its changes that are applicable from the 17th of August 2015, for this reason we decided to write about the matter and give you some important information.
Please do not hesitate in contacting us if you wish to double check regarding your own personal situation.
Following the new European Law, the Probate proceeding will change on the 17/08/2015, saying:
If you reside in Spain you need to state in your will that you wish English law to govern your inheritance, otherwise 2/3 of your estate can go to your children and not your spouse.
The directive of the EU 650/2012 deals with different things, but the reason English citizens need to look at their will is because of what articles 21 and 22 stipulates.
Article 21:
“Unless otherwise provided for in this Regulation, the law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death.”
This is very important for English people living in Spain, because under Spanish law (which has a system of obligatory heirs) you cannot leave everything to your spouse, as 2/3 of the estate have to be left to children. In other words if you are resident in Spain, have children and do not establish in your will that you wish English Law (your national law) to rule your inheritance your spouse will not be allowed to receive his/her inheritance as it would contradict the Spanish rules of obligatory heirs which would be applicable automatically because of the new directive.
Article 22:
“A person may choose as the law to govern his succession as a whole the law of the State whose nationality he possesses at the time of making the choice or at the time of death.”
This basically means that you can override the obligatory application of Spanish law (determined by residency explained above) by simply stating in your will that your wish for your estate to be governed by English law.
How do you achieve this? Simply sign a new Spanish will with this clause included.
If you have children but have made a will leaving all assets to your spouse, make sure that you have clearly stated in it that you wish your national law (English law) to govern your succession before the 17th of August. If you have not we recommend you deal with this as soon as possible.
This law covers more than 200 pages so we have extracted the most important part of it. If you have any further questions please do not hesitate in contacting us.
Not made a will yet? We STRONGLY advice you to!!! There is no harm in taking action now and safe guarding yourself to ensure that your wishes are carried out after your passing, bereavement in itself is difficult enough to go through for anybody without confusion and misunderstanding regarding beneficiaries.
Contact us now for further information
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