snikpoh

Yes, of course I've read about the change.

However, as I am happy for 2/3 to go to my children and the remaining 1/3 to my wife, I don't need to change my will.

So, in my case, I don't need to change my will.

Hence my answer that it is not 100% that everyone WILL have to change their wills.

[unless I've missed something?]

Neptuno

I suspect you are in the minority.
Most have " mirror" wills ie leaving all assets to the spouse, then to the children when both are gone.
In that case, unless they already have this clause in there wills, they will have to make new ones.

Porth

Good evening we will (hopefully be arriving in Spain) if indeed my wife's health improves after a touch and go period in hospital with pneumonia. However we shall see.

We were resident in France and have investments there and have investments in the UK which are covered through a discretionary trust. I know that trusts do not have the same impact either in France or Spain.

We have wills both written in France and the UK at great expense.

However whilst in Spain we are of course resident after 90 days but will not have any assets there save for of course liquidity in the bank.

Do we please need to draft wills in Spain. We intend to be above the parapet and thus declare income in Spain. Our French and UK tax liabilities will be neutralised before moving to Spain.

guirijohn

I recently made a new Spanish Will by going directly to a Notary. It cost me less than €50.

gill556

What if you have no spouse or children but brothers and sisters and also step children?

Fred James

If there are no living parents, siblings may have some right to part of the estate. Adopted children are treated the same as natural children, but step children have no rights.

As I understand it, you can actually make a will that is contrary to the law, but if a relative who feels he should have a share legally, he can take it to the courts and the judge can decide whether he is entitled.

This has happened very occasionally under the present arrangement where foreign wills are normally not bound by Spanish law. The fact that there is no real legal status for this rather vague treatment of foreign wills is one of the reasons the new law has been introduced.

Neptuno

I think the new law is unecessary.
All it does is make Notaries and solicitors richer.
People whose wills set out clearly how they wanted to dispose of their assets have had no problem, and their requirements have been have been respected, so why change it?
I cannot see why anyone thinks this is a change for the good

Fred James

If you are not happy with it I suggest you read the reasons why it was introduced by the EU. It is not just for Spain and there are similar problems in many countries which this change is designed to solve.

There is more info here Successions and wills - Justice

Neptuno

I've read it andI still feel the same!

Fred James

Fine. At least you are now better informed!

Rosemary

The reason that the change is for the good is that people having the clause put into their Wills can relax knowing that their wishes are clear and will be adhered to whereas without this written in it was possible that the Spanish law of succession would stop this freedom of choice.

In the past clearly setting out your wishes and the fact that you were a foreigner was sufficient however this was always open to interpretation and could easily be overturned by disgruntled family members by insisting on Spanish law being used. As with most things it depended on the person who dealt with this as to whether Spanish law or British law was used. Now with this clause added your wishes are clearer still so not open to the possibility of misunderstandings with the differences in the two countries inheritance laws.

For example I went to my notario on Monday and one of the qualified staff said that as I have my house and car in Spain and live here permanently I come under their succession law. I asked them to discuss this with the senior notario and also provided the wording that I wanted added to my testimonial and the relevant law and yesterday when I returned to sign it I saw the senior notario and he had not only included this clause but also put in a couple of other phrases that would not normally be pertinent in Spain.

In this particular notarios office they do not normally deal with foreigners hence the fact that there were differences in opinion and I believe that it is this factor that the law addresses.

Surely paying about 50 euros for clarity and peace of mind is a small price to pay.

Rosemary

Neptuno

I thought you not make an addition to an existing will in Spain, but had to have a new will drawn up? If it is possible it would save a lot of money.
I still cannot see the advantages of this new law.
Providing a person has made a will expressing who they want their assets to go to, why shouldn't their wishes be adhered to.

Rosemary

The reason that I said addition was because of adding the clause without making any other changes to my wishes but yes the will itself had to be rewritten.

Rosemary

Neptuno

Could a kind person please show the correct statement, in Spanish, saying that the law of nationality is to apply to the will?

Fred James

There is no "official" wording that has to be included in your will. The EU directive says you make a declaration asking for you national laws to apply.

This is what it says.

Article 22
Choice of law
1. 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.
A person possessing multiple nationalities may choose the law
of any of the States whose nationality he possesses at the time
of making the choice or at the time of death.
2. The choice shall be made expressly in a declaration in the
form of a disposition of property upon death or shall be
demonstrated by the terms of such a disposition.

Here is an example of the wording that could be used. Your lawyer or the notary might choose to use different words.


Que desea que, en todo cuanto sea posible, su sucesión hereditaria se rija por su ley personal actualmente aplicable, que es la determinada por su nacionalidad, conforme a la cual, según declara, ostenta la plena libertad de disponer sin limitaciones de su patrimonio mediante testamento. Yo, el notario, advierto expresamente al testador de que si, por el cambio de sus circunstancias personales o por la aplicación de normas imperativas de derecho internacional privado, su sucesión hereditaria hubiera de regirse finalmente por un ordenamiento jurídico que implicara el reconocimiento de derechos legitimarios a favor de los llamados herederos forzosos, todas o algunas de las disposiciones del presente testamento podrían devenir ineficaces.

Que, en ejercicio de la plena libertad de disponer de su patrimonio mediante testamento que, según declara, le otorga su ley personal, ordena su última voluntad con sujeción a las siguientes .....