The 650/2012 European regulation, ratified by Spain and many other countries, entered into force on the 1782015 day. According to this regulation, the law applicable to inheritance or succession is (in principle) of the country in which the testator has its usual domicile at the time of his death.
But as we have said on many occasions, you have the ability to opt out of its national law, the law of their country, to make it applicable to his succession.
We wish to clarify at this point that many people are being informed that all Spanish wills made in advance must be changed, and does not, depend on the cases, as the 6502012 regulation foresees a transitory, provisions relating to wills made before the 1782015.
But, it is essential to know, that if you have their Habitual residence in Spain, whether they are Spanish, English, Scottish, French, German, etc., and have no Testament concerning their property in Spain, his succession in Spain shall be intestate (without a will), and according to the new European regulation, apply you Spanish law, as the law of their habitual residence at the time of the death.
You should know that in a successions intestate (without a valid will) in Spain, inherit:
1. first the children and descendants (grandsons, etc.), and in their absence,
2. in second place, parents and ascendants (grandparents, etc.), failing that,
3. Thirdly, the spouse.
In addition, if the deceased has descendants and ascendants, your spouse will have a right of usufruct (usage and fruit as long as you live, but not right of property) of 13 or 1 2 of the inheritance, depending on if you inherit together with the descendants, or ascendants of the deceased.
Therefore, if you have your residence in Spain, and does not want to apply the rules of succession intestate Spanish, and prefer to apply their national law, because you want that his wife or husband has more rights, or because you simply don’t like sharing laid down in Spanish law, is vital, essential that you do a relative to their property in Spain will so you don’t die intestate, and not to distribute the inheritance as designated in Spanish law.
For any questions about Testament, inheritance in Spain, please contact us where we will be happy to assist you.
The information provided in this article is not intended to be legal advice, but it simply transmits information related to legal issues.