Wills and Probate in Spain

Wills and probate in spain
The rationale behind making a will is that on your death your possessions and assets go to those who you choose. If you have only made an English will intending to deal with all your worldwide assets, it is possible that your will fails to anticipate some key aspects of Spanish law, or the law of any other country where your assets are located, and that your will is frustrated. 

If you die without having made a will at all, either in England or in Spain, your succession will be intestate. This means that your beneficiaries will need to look at the rules of intestacy to find out which law will apply to your succession and how they will inherit your estate. These rules of intestacy differ between Spain and England. 

If you own property or any other assets in Spain, we advise you to make a Spanish will in relation to your Spanish assets so you can avoid any unnecessary uncertainty at very difficult times for your loved ones. 

The Reasons Why You Should Make a Spanish Will

As stated, the inheritance rules in Spain are radically different to England and without a Spanish will, the administration of your estate will potentially be more complicated, delayed and expensive. It could also produce a perverse result. We will find out how you would want to distribute your Spanish assets and put together a will to make it easier and straightforward for your family.

A major point to consider when making a Spanish will is that it works well with your English will so they do not contradict each other. At Nockolds Solicitors, we are specialists in English and Spanish probate and we can assist you in relation to the preparation of both wills as well as providing you with legal advice to financially plan for your future and protect your assets. 

The European Succession Regulation (650/2012)

In accordance with the EU Regulation 650/2012, with effect from 17 August 2015, if an individual dies without having made a will, or if the will fails to clarify which law the individual wanted to govern his/her succession, the applicable law will be the law of the country of residency, not the law of his/her country of nationality. 

It is worth noting though that under the same EU Regulation 650/2012, it is possible to choose the law of your country of nationality to govern your estate upon death, whether you are resident in that country or not. However, it is necessary that you make a will in which you clearly reflect your choice of law.

If you want to ensure that under any circumstances English law governs the succession of your Spanish assets, we always recommend to make a Spanish will. This way you can guarantee that English law will apply to your estate and your succession will not be subject to the rules of the forced heirship in Spain. 

For further information on Spanish wills and to find out how we can help you, please contact our International Law Team on 01279 755777 or get in touch with Javier Jurado, Spanish Lawyer (Abogado) of our International Law Team by emailing jjurado@nockolds.co.uk.
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