There is a prevailing consensus within the European community that creating a U.K., Irish or a Will in your country of origin is often considered adequate for managing assets located in Spain. This approach is not only legally sound but also well within your rights.
However, complications can arise when the executor of the will must navigate the costly and time-consuming process of sending the will for probate. To address this, you will need to engage a lawyer in Spain who will, in turn, coordinate with a lawyer in the country where the will was originally drafted.
Opting for a Spanish will simplifies matters significantly, allowing the relevant authorities to seamlessly execute your wishes, ensuring a smooth transfer of property and assets to your beneficiaries.
It’s equally crucial to draft a will in each country where you possess assets. Please note that you should only list assets located within the specific country in the corresponding document. Including assets from other countries in your Spanish will can only complicate matters.
It’s worth highlighting that, as a non Spanish citizen, you enjoy certain advantages over your Spanish counterparts in terms of inheritance laws, which may vary by country of citizenship.
Non-Spanish residents have the freedom to bequeath their assets in accordance with the laws of their home country.
However, it’s important to be aware that, similar to other countries, in Spain, anyone who believes they have a rightful claim as an heir has the right to contest the will. Potential issues can arise, especially if you have disinherited children.
In such cases, a Spanish court may lean toward protecting the interests of progeny.
As an update, it’s worth noting that some notaries are proactively including a clause that respects the laws of the testator’s home country, in-line with the changes in EU regulations on succession.
For additional information or to create your Spanish Will, please don’t hesitate to get in touch with us at: si@spaininfo.eu