Compilation of our Most Discussed articles on Inheritance Law. Expert legal advice

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This week we have decided to prepare a small collection of articles related to the most important issues on inheritance law in Spain. This compilation covers a wide range of issues. From the key role that Regulation 650/2012 plays in this area, to contesting wills, addressing also the importance of making a new will if you get divorced.  We hope you will find them of interest. Don’t forget that you can read the full articles in our website: https://www.white-baos.com/en/

Wills and inheritance of expatriates (British, Irish, etc.) in Spain. Some clarifications on the European Regulation 650/2012.

Our office receives many enquiries regarding the European Regulation 650/2012 and the applicable law to a succession in Spain will. Please note that, in principle, the applicable law will be the law of the country where the deceased had his habitual residence at the time of death. However, Article 22 allows the testator to explicitly opt for the law of his/her nationality. In the case of the British, they can opt for the law of England and Wales, or Scotland, etc. Considering that according to Spanish Inheritance Law, the descendants have the right to about 2/3 of the estate, it is very important to get proper advice and make a Spanish Will or review the existing one.

Contentious inheritances in Spain. Preterition. Forced heirs. Deadline to claim for an inheritance. Deadline to contest a Will.

There are a number of reasons why a will can be challenged and one of the most common, is preterition. This happens when a ‘forced heir’ is not mentioned in a Will. In some country’s laws, there are certain people who cannot be legally excluded from the inheritance such as children and spouses and in many countries qualify as forced heirs. For instance, in Spain, France or Italy, children must be included in a Will, and they can only be excluded for very specific reasons. By virtue of article 1963 of the Civil Code, the deadline to claim for the inheritance is 30 years.

Is it advisable to make a new Will after a divorce? What is the so-called ‘Will for divorcees’?

One aspect that frequently worries people who have gone through a divorce (especially when the separation has not been amicable) is that the surviving spouse may end up administering the property and money destined to the children. Regardless of who had custody at the time of death, upon the death of one parent, parental authority automatically passes to the other one. This means that the living parent will be responsible for the administration of the assets destined to the descendants for the duration of their childhood. The law foresees a figure that, indirectly, prevents the former spouse from administering the assets destined to the children. We are referring to the figure of the “administrator”. The testator can appoint a person of his/her utmost confidence (a brother, a close friend, a relative, etc) to administer the assets upon his/her death. In this way, it would be the person chosen by the deceased, and not the other parent, who would oversee the estate inherited until the minors reach the majority of age.

At White Baos Abogados, we are experts in legal advice on Probate Wills, Inheritance Law, and Inheritance Tax in Spain. Likewise, we have also helped numerous clients in challenging and contesting wills. For expert professional legal advice about Inheritance proceedings, please do not hesitate to contact us.

You may be interested in the following services and articles:

We analyse the main Inheritance Tax Reductions in the Community of Valencia. Expert legal advice.

What are the main differences between heir and legatee in Spain?. What are the rights and obligations of each?. Deed of acceptance and adjudication of inheritance. Legal advice.

Inheritance or gift: which is more tax beneficial? What are the advantages and disadvantages of each option? Legal advice

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2023 – All Rights Reserved.


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Written by

Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.

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