Legal tip 1253. No need of new will if you are a UK national and UK resident
Thursday, January 15, 2015 @ 6:02 PM
As a UK resident owning property in Spain you do not need to grant a new will to have the transmission-by-death of your Spain assets made in accordance to the will in the Uk.
It was never necessary. Although many people made and still makes specific Spanish wills to avoid burocratic complications to their heirs. These " instrumental wills" for naming them in a way you will better undestand, had always to be in full accordance to the National Inheritance Law. They still have to if you grant them. They were... just an instrument to the real UK ones.
It will not be necessary after August 2015 as UK is not under these regulations. So your old UK will, will still be fully valid .
Even if the UK were under this new regulation, as you want your residency- same as nationality Inheritance Law to be applied, you would not have to make a new will.
This new Law is of special importance to foreign people, residents in Spain who dies after August 2015. If not granted/stated otherwise, all their inheritance affairs after death will be submitted to Courts and Legislation of Spain ( with some special features and exceptions)
If you want to avoid this, you can --- from now, you do not need to wait till August--- make a will in Spain by which you choose your nationality Law to regulate the whole inheritance.
If you are intersted on knowing a bit more on how Spain Inheritance Law operates, you can click here
A farmhouse closed Andujar, Jaen, South eastern Spain