INHERITANCE/ WILLS

Is it necessary to have a Spanish Will?

International inheritance processes in Spain can be long and expensive. ValenciaLawyers V.L. Abogados highly recommend you to sign a Will in Spain for your Spanish properties. This simple action will make things much easier for your relatives and family. We have a long practice in Inheritance Law and will advise you in all matters connected to a succession process in Spain.

The scenario has recently changed because the REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, has solved the conflicts existing in the past.

This regulation basically provides the possibility to choose the applicable law to all inheritance processes, because the law which will regulate the inheritance of a deceased person will be the one chosen by the testator. It means that you can choose the Law that you wish to regulate your inheritance. Therefore, whether you are not Spanish but have property or assets in Spain, the European regulations gives you the opportunity to inherit according to your national law. Heirs will not be involved in a very complicated and expensive Inheritance process attracting different jurisdictions, whether you include every asset that you acquire in your Spanish Will.

Nevertheless, in the event that you do not regulate in your Will anything in relation with the law that you wished to regulate your inheritance, then, this law will be the one in which you had your residence during the last 5 years.

Nevertheless, in the event that you do not regulate in your Will anything in relation with the law that you wished to regulate your inheritance, then, this law will be the one in which you had your residence during the last 5 years.