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Legal tip 1254. When do I need to grant a new will then ?
Friday, January 16, 2015 @ 3:25 PM
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After EU 650/2012, also knows as Brussels IV), if you are a UK National but you live permanently in Spain and have no estate assets in the UK, make sure that you choose law of Nationality in your will as on the contrary, your inheritance will be governed by Spanish rules and its obligatory heirs at your death
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These rules will apply to all persons dying after 17th of August 2015 so it is important that you make the necessary preventive changes in your will before that date.
Residency status is determined by facts: duration and regularity of the deceased´s presence in the country. Residency requires close and stable connection with the specific country.
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UK, Denmark and Ireland did not sign the regulation but any UK, Denmark or Irish national having habitual residency in Spain are under the force of this regulation and if they want their national succession Law to be applied they need to grant a new will in Spain . If they had assets in the UK, Ireland or Denmark a grant of probate will be necessary to administer the Uk, Ireland or Denmark assets.
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The Regulation is not applicable to persons residing in the UK who just own Spanish assets. Private international law rules of English law would apply Spanish law to any property situated in Spain and therefore Spanish law will always apply to Spanish property (when this is the only asset) owned by UK residents.
Apartment in La Alcaidesa, Cádiz, South of Spain
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