Our Spanish Wills for UK Expats are from 99€ per person including IVA
Each Spanish Will has a Brussels 1V succession clause within it to ensure that either the Law of England and Wales, Scotland, Northern Ireland, The Isle of Man, Jersey or Guernsey is used to govern the succession of your Spanish estate and NOT Spanish succession law.
If you have an existing Spanish Will, as we are no longer part of the EU, it will no longer be guaranteed to be accepted by any UK probate office for your UK estate, so you are strongly advised to get a new one made specifically for any bank accounts, investments or property that you still hold within the UK..
Similarly, if you have a Brussels IV clause written into your Spanish Will to bypass Spanish succession law please ensure it does not say ‘’British’’ or ‘’UK’’ law as neither of these laws exist and this could very well negate the instructions, and it revert back to being distributed under Spanish law - It must say, to be 100% watertight, one of the following:
the Law of England and Wales,
the Law of Scotland,
the Law of Northern Ireland
the Law of The Isle of Man
the Law of Jersey
or
the Law of Guernsey
Do any of the following circumstances reflect your own?
You have jointly owned property and are concerned that when one of you dies the survivor could remarry and then die themselves meaning (because marriage revokes an existing Will) everything would go to the new spouse and the children of the first marriage would get nothing - otherwise called sideways disinheritance.
You have Jointly owned property and are concerned if one partner dies, and the survivor has to go into care that the property would have to be sold to pay for the care of the survivor and the children would end up with nothing
You are the single owner of a property and live with a partner and you want to ensure your partner has a right to continue to live in the property but does not actually inherit it and when they die your own children will inherit.
Then you need an USUFRUCTO clause created and placed in your Wills.
It addresses 1. by giving the survivor a right to live in the deceased's half of the property without actually owning it. If the survivor, then remarries and dies, only 50% would be at risk of being inherited by the new spouse with the original deceased's half guaranteed to go the children.
It addresses 2. in the same way - only 50% of the property could be taken towards care.
It addresses 3 by giving the partner a right to live in the property for the remainder of their lives and the children then inherit.
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The Impact of no Spanish Will
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