Your Legal Magazine Do you have assets in Spain?
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New Inheritance European Law Do you have an existing Will?
Will the new European Law coming into effect in 2015 have implications for you and your will? If the answer to the fi rst and second question is yes but you haven’t mentioned that you would like to use the English Law, you might be interested to read this article. Even if you never made a Spanish Will and you might leave some assets in Spain, this information could be of important value for you. The new European Regulation No. 650/2012, which is now in force, relates to the contesting and challenging of Spanish Wills granted by British citizens in Spain. This regulation was passed and ratifi ed by Spain, and according to Article 20, it affects citizens from UK, Denmark, and Ireland, event though they have not ratifi ed this regulation. We anticipate that there will be many contested Wills in the near future, due to the fact that the applicable law to the Succession-Inheritance procedure will be the law of the country where the decedent had his habitual residence. Under Article 22 of said regulation, the testator or testatrix can specify in their Will, or at the time of death, his or her national law. If you decide to leave your assets to your wife, or anyone else (not your children), and you live in Spain, it is of extreme importance that, according to the new regulation, your national law is specifi ed in your Will. Otherwise, if you pass away while living in Spain, the applicable law to the Inheritance will be the Spanish Succession Law, this meaning that your children, as forced heirs, would inherit at least 2/3 of your estate. This will avoid future problems at the time of the signing the inheritance deed. Before the approval of the new Regulation, the Supreme Court of Spain, Order No. 849/2002, stated that the Will could be contested in the event an English national was domiciled and with all assets in Spain, accepting the ‘reenvio’ from English to Spanish Law, that the Spanish Law was the applicable law to his inheritance, declaring the deceased’s children forced heirs of his Will, as per the Spanish Inheritance Law they are the legal heirs unless they were disinherited on a public deed. This new Regulation shall apply to people who die on or after August 17, 2015, but if the testator or testatrix stated in his or her Will the applicable law for his or her succession prior to August 17, 2015, then that choice will be valid, if it meets the conditions of the regulation, or of the rules of private international law which was in force at the time the Will was executed. The intention of this article is to provide general information and not to provide legal advice. Pellicer & Heredia Solicitors are happy to review your actual Wills, to ascertain that they are in accordance with your wishes and in accordance with the requirements of the new European Regulation No. 650/2012. Even if you have any queries about English Law, please do not hesitate to contact us since one of our Lawyers is a UK Solicitor. Why not join us for our seminar on 28th April at Espai la Senieta, Moraira. For more information or an appointment at your local offi ce please contact us at 965 480 737 / 606 056 282 or by email at
info@pellicerheredia.com. You could visit our website
www.pellicerheredia.com to learn more about our law fi rm.
Female Focus
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