Hi
Will keep this as short as i can.

Husband and wife both been married previously. Both have children from first marriage.

Husband and wife live with two children ( 17 and 13 - these children are from wife previous marriage) will be looking to purchase property asap. Will be moving over in 2 years if not earlier.

Husband has child from previous marriage - not going into lots of detail but we do not want this child to benefit from property, money or any other benefits when we die.

So, question is this... we will have both spanish and english wills. Everything to be left to eachother and then on final ones death to the children of the wife. How can we make sure that the child from husbands marriage does not benefit?

We originally hoped to go to France but french law will not allow this - does spanish law allow?? If not WHERE DOES?

Thank you

The good news is that in general non-Spanish nationals can make a Spanish will bequeathing their assets as they wish under the law of their own country, so long as the will declares that is to be the case.

The Spanish Registrar of Wills has accepted this in the past, and when the time comes, the will is executed accordingly. Spanish lawyers routinely make such wills.

There can be a problem, though, if the estate substantially consists only of Spanish real estate as it can then be subjected to Spanish succession law and legitimate inheritors could contest Spanish will that seeks to disinherit them.

You may find that your plans agree basically with what Spanish law provides but nevertheless, it is advisable to make a Spanish will, particularly if you have remarried and have step-children, so that you can leave your Spanish property to whomever you chose.You need legal advice.

The Source of the above is http://www.expatica.com/es/survival/...tance-tax.html

Hi

Thanks for your information and for taking the time to reply.

I will now set about finding a good reliable solicitor who knows uk and spanish law.

Thanks

Hi,

Just be aware that ste-children fall into a different category than natural children and will therefore pay a higher percentage of tax

While English inheritance law usually applies to Spanish will written by UK nationals, if a child is disinherited then he can apply to the Spanish courts for Spanish inheritance law to apply in this case.

There is not a lot you can do about it - in Spain under Spanish law it is not permissible to disinherit a child.

You will have no problems in Spain with your requests as long as you make a Spanish Will stating what you have said. Have done many of these Wills in our office.

You may have done many of these wills but that does not mean that they will stand up if the disinherited child contests them.

But if one's estate (mini estate, not mercedes) is in the UK, UK law prevails right?

Big Thank you BTW, there seems to be more knowledge on this site than in most lawyers offices.

many thanks to all of you.

One more idea that comes to mind is this .....

What if we put the property and everything into the names of the children in the first place??

Is this a way around it all as if the children are the legal owners ( there will be no mortgage so it will be legal land/property ownership deads etc ...). If husband and i are the managers and take a wage then nothing would belong to us anyway

thoughts please

You really need professional advice!

The number of times I have heard about this situation coming to a terrible end for the trusting parents. In fact heard of a case only a week ago where an old lady was being told that her home had to be sold and she had to move - seems her loving child had married and new wife couldn't see why his mum should live in such a big house all on her own now that he was moving out. Her mistake was transfering property into son's name to help with his business. He had said it just helped him with his business banking that he had property without amortgage.

You may trust your children implicitly BUT!

It seems you're hesitating between buying in France or Spain!
We did this in France, in fact. Our house is in our two daughters' names, with usufruit for us, the parents, to avoid my OH's children from an earlier marriage inheriting it (as they are already amply provided for). Because of the usufruit clause, there's no risk of a possible greedy son-in-law throwing the surviving parent out...
As I and every one else keep saying, you must consult a French Notaire or a Spanish one.

Well we have had no problems so far - at the end of the day they are British subjects disposing of their property in Spain and the inheritance laws apply to Spanish subjects only and English if no Will is made

Just make sure you make it crystal clear in your will what you are leaving and too whom.Do not wait until you are too ill to make important decisions. Here are some details of a case on going at the moment.


http://www.dailymail.co.uk/news/arti...ound-farm.html