Changes to Spanish Wills
There has been quite a bit of publicity recently about the need to change our Spanish Wills. Is there any need to panic? The answer is that there is no need to panic but it is necessary to review your current Will (or lack of one) in the light of your family circumstances.
We have written on this subject in the past but here is a quick re-cap. New European laws brought in in 2012 to deal with which inheritance laws apply after death, kick in from 17th August 2015. Briefly, the law of the country of your habitual residence will apply to your estate unless you elect otherwise in your Will. This could have unwelcome consequences for some people who are resident in Spain, as the Spanish law of succession gives certain family members, especially blood or adopted children automatic, prior rights under the concept of forced heir-ship. This will particularly affect people who may have children from a prior marriage who now wish to provide for a new spouse or partner and possibly children from the new relationship to the exclusion of the children of the first marriage or relationship.
A well drafted Spanish Will can take care of this situation by including the necessary wording to elect for the national law of the testator to apply. As a rule, nationals of the UK have freedom to leave their assets how they wish (subject to certain exceptions where it is important to have clear legal advice). It is also important to ensure that your Spanish Will and any Wills you may have for assets in other countries do not conflict with each other. Also, Wills should be reviewed periodically to take account of changes in personal circumstances and tax law changes.
Express Legal Solicitors offer a free Will review and advice on all aspects of Spanish and English Wills.