On European Wills

On August 17 2015, a European Regulation on inheritance law came into force. This regulation, allows European citizens to choose for their inheritance to be regulated by either country of residence or country of nationality.

Therefore if you are currently a Spanish resident, but you have a different nationality that will provide you with better conditions for your heirs, you can choose this by simply stating it in your will.

This came into effect in 2015 along with the European Certificate of Succession (ECS). This document has been designed to make international probate procedures easier in Spain as it will be a valid title to enter the land registry.

As a result, of this legislation those EU nationals residing in Spain will need to have a Spanish will if they decide to choose their country as the country that will govern their inheritance affairs after they die.

You can also opt to have a Spanish title of will with regards to your assets in Spain. This does not mean that Spain will govern your inheritance – this is simply a tool to make probate easier

Testators can either specify properties or assets to be destined to specific individuals, or simply make general statement on who their heirs are. Under Spanish law it is also possible to designate one or more people to deal with the inheritance as executors. You can also appoint guardians if there are minor children. It should also be noted that the will is always revocable which means you can change it at any time.

María Luisa de Castro

DIRECTOR

María founded CostaLuz Lawyers in 2006 and is the Firm’s Director. María is registered Lawyer number 2745 of the Cadiz Bar Association and is licensed to practice in all areas of law throughout Spain. Working closely with her team, María has developed the firm into one of the most highly regarded and trusted Spanish Law Firms acting for English speaking clients with legal problems in Spain.

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