Cats-R-Us

My husband and I first made our Spanish wills back in 1992. Due to a problem with my husband's name on various documents, in 2009 we decided we needed to clarify his will to take that into account and he had a new Spanish will made. In his new will it also states "The testator reveals that it's his will to apply the English Inheritance Laws to the provisions and states that this disposition is feasible according to his national Law ......." We assumed that this was put in as he is leaving property to me before it goes to our son. On checking my 1992 will there is no mention of English Inheritance Laws. Does this mean I need to get my own will updated so he can inherit if I die first?

guirijohn

A Regulation was passed in 2012 allowing EU citizens to have their property distributed according to their own national law instead of the law of their country of residence. It is necessary to make a Spanish Will in which you state that you wish to leave your property according to UK law and that the Will only applies to your Spanish assets.

A notary will be familiar with the wording required. You provide the notary with your details, tell him to whom you wish to leave your property and he will draw up a Will for about €50, obviously more if you go through a solicitor or interpreter.

http://eur-lex.europa.eu/LexUriServ/...07:0134:EN:PDF

Neptuno

This law comes into being in 2015, so surely they shouldn't be applying it till then?
Why can't there be an amendment to the will, rather than go to the expense of a new one, if the content has remained the same?

guirijohn

Spain already allows UK law to apply to the distribution of estates of UK citizens, but this is by concession. If someone dies without making their wishes clear in a Will there is always the risk that the Spanish rules on intestacy could be applied. If there is no family the assets go to the Autonomous Community.

I doubt that there would be much difference in cost between amending or making a new Will. These are standard documents stored on computer and just personalised as required.

Neptuno

What I am saying is that we made our Spanish wills years ago when this specific clause wasn't required. wills made then were subject to the law of your nationality, and it didn't have to be stated.If this new law is not supposed to come into force till April 2015, then surely it will be dealt with under British law should my spouse die before then??

Fred James

It came into force in 2012 but will not be totally in force until 2015.

That means that you can choose to stipulate the new law into your wills now, but after 2015 you will have to.

Until then the old concession still applies so you don't have to do anything at the moment.

This was from a lawyer's site:-

The Regulation will apply to the succession of persons who die on or after 17th August 2015 although there are certain transitional provisions which are now in force and mean that if a person chooses the succession law which will be applicable prior to 17th August 2015 that choice will be valid, subject to it complying with the provisions of the Regulation.