UPDATED: 15th July 2021
Changes were introduced on 17th August 2015, potentially affecting all Spanish Wills previously made by foreigners in Spain.
The changes were introduced under a new EU regulation (EU 650/2012) (Click Here for a link to the law) governing succession and probate, which states that if the deceased does not expressly specify that his or her law of nationality should apply to the Will, then we must automatically apply the law of the country where the deceased was habitually resident at the date of their death.
So, if a testator does not specify his or her national law within a Spanish Will, then the Will must be administered in accordance with Spanish Law. That could cause serious problems, given that Spain requires that assets are distributed to a spouse and direct descendents in pre-determined shares, which may not coincide with the actual wishes of the deceased.
So, anyone who made a Spanish Will prior to 17th August 2015 is strongly recommended to review the Will and update it where necessary. TENERIFE SOLICITORS has conducted several such reviews since the new rules came into effect and can guide you through the process and assist with updating your Will if required.
For more information on reviewing/updating your existing Will or to make a new Will, visit TENERIFE SOLICITORS here