Property in EU countries other than Spain

You can choose the law of England and Wales, Scotland, Northern Ireland, The Isle of Man or Jersey and Guernsey to govern the succession law used for its disposal in that country if you are unable to make a Will within that jurisdiction easily

Everyone knows we write wills for clients with assets in Spain, but what if you have assets in another EU country?

A large number of people in the UK own assets in throughout the EU and in many cases the succession laws of the country in which the property is located could govern the disposition of that property on the owner’s death.

Sometimes the inheritance laws in a foreign country operate quite differently from the law of your home jurisdiction.

In the case of property, for example, many countries’ laws will provide that local law governs the disposition of the property on the death of the owner, which in many cases can disadvantage spouses and/or some children.

Ideally therefore you should state within a properly structured Will within the EU Country where the property is located, your home jurisdiction’s succession law that you wish to have applied to your assets within that particular country, however, in the absence of being able to easily organise a Will within the country where the property is located you should put a Brussels IV (EU650/2012) succession clause within your relevant UK Will which will cover property and assets held within any EU country and ensure that it is dealt with under the succession Law of whichever UK legal jurisdiction you have specified.

If you are able to make a Will within the EU country where the property is located and want the law of your home jusrisdiction to be used to govern the succession of your assets within that country the local Will must clearly state within it that you wish the law of England and Wales or Scotland or Northern Ireland or The Isle of Man, or the law of Jersey and Guernsey to be applied and avoid the use of the terms such as “British” or “UK” being used within your foreign Will as no such law exists with either of these names.

Obviously If you have assets in Spain we will draft your Spanish Will for you.

Related Articles

• Declaration of Trust

• Document Witnessing

• Duties of Executors & Trustees

• European Property

• Glossary of Terms used in Wills and Probate

• How to avoid Inheritance Tax

• ID we need to see

• 5 Incorrect Assumptions About Guardianship

• Is Probate required?

• Memorandum of Wishes

• Prices of Wills

• Priority Client Cover

• Probate Services

• Scottish wills

• Statement of assets

• Testamentary Capacity

• The Drafting Process

• The importance of Wills

• The risks explained

• What about your Pets?

• Video Witnessing

• What happens if I die without a will

• What to do when someone dies

• When a will is lost/destroyed

• Wills FAQs

• Your Digital Assets

Please click here to view all our Special Offers