Forced heirship rules in Spain
Below outlines what happens if you do not have a Spanish Will at all or do not have a Spanish Will containing a Brussels IV clause (European succession clause Regulation (EU) 650/2012) stating which law within the United Kingdom you wish to be used to govern the succession of your estate
The Spanish Law of Obligatory Heirs states that if the deceased was married at the time of death and had children, the spouse keeps 50% of all jointly owned property and the remaining 50% is divided into three equal portions:
One-third equally between all children.
The surviving spouse then receives a life interest (usufruct) in the next third of the estate only and the children then inherit when the spouse dies. The children will inherit equally if no Will states otherwise or if the deceased died intestate without a Will.
The deceased may then dispose of the final third however they wish within a Will, or without a Will it will be inherited by the children (see warning below regarding dying without a Will at all).
If there is a spouse but no children any surviving parents substitute the children in the above scenarios.
If there is no spouse any surviving parents get half of the estate equally with the remainder being divided equally between the next of kin after the parents
If there are no children, parents, or spouse, the deceased can leave this to anyone by means of a Will or it will be divided equally between the next of kin in the absence of a valid Will stating otherwise.
Clearly most British Expats want to fully protect partners and spouses and children and, in some cases wish leave legacies to friend or charities.
In order for this to happen, British Expats MUST make a new Spanish Will containing a Brussels IV clause (and an usufructo clause if a property is involved and the Testator/Testatrix is cohabiting with a spouse or partner/friend) which will enable them to choose either:
The Law of England and Wales
The Law of Scotland
Or
The Law of Northern Ireland
to govern the succession of their Spanish estate which will enable them to leave their estate however they choose and to whomever or whatever they wish.
Beware - If an expat dies intestate (i.e.without a Will) and owns property or assets of any kind, Spanish law requires that the inheritance process be completed within six months which invariably causes considerable problems and can result in the whole estate passing to the Spanish government.
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