Spanish Wills - Change in the Law

[Deanscroft]

On 17th August 2015 directive 650/2012 came into force. Under this new directive if you live in Spain, have children and do not state on your will that u.k. law is to apply to your estate then it will be run under Spanish law and your children will inherit instead of your spouse regardless of your wishes expressed on the will.

 

[Molt de Renou]

Please be reminded that the Balearics have their own laws regarding last wills and testaments.

I mention this in case your British solicitor reads the general spanish law and advises you regarding same and doesn´t take into account the local clauses.

Molt

 

[pollensa]

We had our Spanish wills drawn up by our solicitor in PP a while ago. It then had to be lodged/registered with the Notary - much more sensible than the UK 'system' of having to search for the most recent will.

Our Spanish will was drawn up a while ago & although we are not resident, perhaps it's a good time to get it reviewed.

 

[Deanscroft]

If you are not resident then nothing has changed. Your estate will be dealt with in accordance with uk law. The problem is for residents who have children. If the will doesn´t state that the estate is to be administered according to uk law then the Ley de Herederos Forzosos applies as follows -
The law of compulsory heirs (ley de herederos forzosos) in Spain ensures that the surviving spouse is automatically entitled to all assets that were acquired before the marriage took place, half of the assets that were acquired during the marriage and any personal gifts and inheritances made directly to them. If the deceased has children the rest of the estate is divided into three sections. One third is left to the children. No matter how many of them there are, this third is divided equally between them. Another third is also destined for the children, but the benefactor is able to determine how this is divided. The property passed on in this third cannot be disposed of until after the surviving spouse has died. The final third of the estate can be passed to anybody. If there are no children then surviving parents of the deceased are entitled to that particular share of the estate.

 

[El Gordo]

If you are not resident then nothing has changed. Your estate will be dealt with in accordance with uk law. The problem is for residents who have children. If the will doesn´t state that the estate is to be administered according to uk law then the Ley de Herederos Forzosos applies as follows -
The law of compulsory heirs (ley de herederos forzosos) in Spain ensures that the surviving spouse is automatically entitled to all assets that were acquired before the marriage took place, half of the assets that were acquired during the marriage and any personal gifts and inheritances made directly to them. If the deceased has children the rest of the estate is divided into three sections. One third is left to the children. No matter how many of them there are, this third is divided equally between them. Another third is also destined for the children, but the benefactor is able to determine how this is divided. The property passed on in this third cannot be disposed of until after the surviving spouse has died. The final third of the estate can be passed to anybody. If there are no children then surviving parents of the deceased are entitled to that particular share of the estate.

Thank you for clarifying the situation