snikpoh

I know this is an old topic but something has popped up from elsewhere.

I was not bothered about adding the new clause to my will because I was happy for my wife to get 1/3 of my estate, my children to get another 1/3 and the remainder to be decided as I wished. This is what I thought was the (succession) law in Spain.

I have now been informed that I am wrong.

1. I have been told that 2/3 must go to my children - really?
2. In fact the children don't get anything - only the eldest does - really?

Have I been misinformed?

cricketman

Here is a good summary

Cómo se reparte una herencia - 20minutos.es

Basically if there is no will then a third goes to the spouse, and the rest to the kids in equal shares

Fred James

Or, in English.

The Spanish law of compulsory or enforced heirs (herederos forzosos) stipulates that two-thirds of an estate must be left to the deceased's children.

One third of the estate must be left to all children in equal parts, another third must be left to a child or children, but not necessarily in equal parts but with the surviving spouse having a life interest in that third.

The testator may leave the final third of his estate to whomsoever he chooses.

snikpoh

Thanks all - there's so much misinformation being spouted on other forums and facebook pages, no wonder so many are confused.

Fred James

Very true. I like to think that the info on this forum as a accurate and up to date as you will get anywhere. I consider it to be a very important part of my mod duties to ensure it stays that way.

Retired in Euskadi

Thanks Fred. You provide a valuable service.

Cats-R-Us

Any chance Fred can answer further questions regarding wills? I have been told that where it states your name and address, if resident here it should state your currently owned property and not a previous address you have since sold as this would invalidate your will. I am concerned as my husband's will actually states he is "domiciled" at our son's address in the UK, which he isn't. Also I have been told that wills are not registered in Madrid but at your Province's main town. I queried this as I thought that was the point of centralisation of info in Madrid although your Notary keeps the original.

Fred James

I think you need to ask the notary that question. I would have thought that it was unreasonable to have to make a new will (note that codicils are not allowed in Spain) every time you move.

I was under the impression that the wills were all held in Madrid but I would expect that the issuing notary would have a copy - again a question for the notary's office.

wilsman77

Hi Fred, so just for clarification & i should be a simple exaample as I am maried with two kids.
so with no Will in place, both my kids get 1/3 my wife gets a 1/3 & sayt my eldest gets a 1/3? its the last bit i am unsure of.......i mean if i am dead i cant choose who gets 1/3??

Thanks

wilsman77

Fred, who is the Testaor who decides who gets a 1/3 of my estate? i hope its not Neptuna or Moses2013...........

Fred James

The moral is make a will and then you can decide exactly what you can leave using English law.

If you don't have a will, it gets very complicated and I am not even going to attempt to answer your question.

Make a Spanish will for your Spanish property, under English law and you can do (almost) what you like.

Lou P.

Hi, if I've understood correctly, from August 17th this year, all EU citizens can make a will according to the law of their own nationality (the country of your passport, rather than that of residence) as long as we write that as an introductory clause that that what we choose. (I forget the exact wording atm.) So a British passport-holder can make a will leaving their house to a friend, to a charity - or to their cat - and it would be honoured. But when I've tried asking any questions at the local notaría, they're very obstructive.

InVinoVeritas

My ex wife lives in Spain and has been struggling with this as well. Although at the moment it would appear that Spanish property will, from Aug 17th, be dealt with under the terms of an English will, the law is a little unclear.

Fred James

It's not unclear at all.

If you have Spanish property and a Spanish will, unless you specifically state that you wish the will to be dealt with under English law, then you run the risk that the "forced heirs" will contest the will and they will now definitely win their case under Spanish succession law.

To be fair, this was actually always the case, before the law changed, that the will could be contested, but it was more complicated for the heirs to make a case and they were less likely to win because the law was not entirely clear on the subject - it is quite clear now.

If you have no living parents or children, then you have no "forced heirs" so you wouldn't have a problem leaving to whoever you wish.

Lou P.

But if you do put that you want U.K. law to apply, then you can leve your house as you wish. The law is clear about that, but - que sorpresa - many notaries and abogados haven't caught up.
It's a European law that covers all EC countries.