WHO IS RIGHTFUL HEIR IN SPANISH LAW?
If you have real propierties in Spain, from our legal firm help with their proceduring heritance.
IT IS NECESSARY TO MAKE A WILL IN SPAIN?
This question is very frecuent amongs the european citizens have propierties in Spain.
The Regulation (EU) No 650/2012 of the European Parliament and of the Council 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.
This Regulation entered into force on August 16th 2012. Although the EUR No 650/2012 was not applicable until 17th August 2015. So, that means it is applicable only to mortis causa successions from persons who died on 17th August 2015 or later.
Its territorial scope extends to all international succession independently of the member State they are from. Unfortunaly, Dinamarca, United Kingdom and Ireland did not ratify.
As general rule, the applicable legislation will be the one from the State where the deceased had the habitual residence at the moment of her death.
The Regulation allow that a person can choose the legislation applicable to their succession. Whether the legislation of their nationality at the moment of choosing or at the moment of their death. It has to be expressly designated in a will.
The peculiarity remains in the non-ratification by Dinamarca, United Kingdom and Ireland. According to the spanish law, if a person who is national of one of those three States die and their habitual residence is in Spain, the competent courts to their heritage are the spanish ones.
- A lot of British have properties and Goods in Spain, it is for the reason that is recommended to make a will. If you make a succession planning about the goods and properties in Spain, you will avoid surprises and long litigations to the heirs.
- A lot of danes citizens are in the same situation. The danes law recognizes the formal validity of wills made in accordance with the national law of the deceased. But the danes law recognizes the validity of wills made in accordance with the law of the legal residence/domicile of deceased. (Arv og skifte i Spanien)
It is therefore important to select, through the will, what kind of law is aplicable at the moment of the death. In our experience, it is necessary seek legal assitence to develop an inheritance proceeding in Spain.