Hi, I have been told there as been a change in the Spanish inheritance laws, even if you have a Spanish will leaving your estate to your spouse it will not be valid. This new law ( if true ) states that the estate must be shared by the spouse and children equally. Does anybody have more information on weather it is true.
Barry

Thats not new, but it doesn't necessarily apply to you if you are a UK citizen.

Have you made a UK and Spanish will mirroring each other?

I don't believe that you need the wills to be 'mirrored'. They certainly must not supersede the existence of each other and they must obviously cover the assets in each country respectively.

With-regard-to EQUAL shares, I wasn't aware of this (not that it really matters to me), how long has that been the case?

I was advised by an abogado and UK solicitor that they should mirro each other.

The equal shares thing is the way of the IHT laws for Spanish citizens. Thats why sometimes older properties are owned by many people and complications occur when people come to buy them

Sue G will probably know more

The Spanish law on inheritances divides the estate into 3 equal parts.

The first third must be left to the children in equal parts.

The second third must also be left to the children but you can decide on the shares - ie leave it to only one if you wish. The surviving spouse retains a Usufruct (ie right to live there) for their lifetime.

The final third can be disposed of freely.

As Mitzy said, this does not normally apply if you are a foreigner and have made a will. However if you disinherit your children who would have had a rightful claim under Spanish law, it is possible for them to contest the will and insist on Spanish law applying.

As usual Fred and Mitzy are absolutely right. The problem usually arises if you go to a Spanish Abogada and some do insist on preparing the Will as if you were Spanish. This is incorrect as said.

That's what I thought as well Fred.

So, having 3 children, it's not equal shares (ie 25% for each child plus 25% for spouse) but is actually quite different.

The spouse would not receive any 'equity' but purely the usufruct. What that means is that the spouse will have no equity to divide when they pass away.

With the caveat about what is done with the final third, of course.

Can we ask, what is the Inheritance Law if you do not have any children. In our case it is just us (husband and wife)? We are childless. Does everything go to the surviving spouse?

What happens if the property is jointly owned by both husband and wife?
If the husband dies then surely the wife keeps her half of the property and then gets the appropriate share of her husbands in addition?

That's what we thought and how we believe our will is. Must get OH to recheck.

If you have no descendants then it moves up the tree to siblings or parents if still alive.

As I said before, usually this does not apply to foreigner's wills unless contested.

Of course.

The "estate" consists of the half that you didn't own. Your half share is yours until you die and then will be distributed according to your will (or Spanish law if contested).