What could happen if you don’t make a will in Spain? It’s really necessary?
A testament granted in the country of origin by foreign citizens who have properties in Spain, are valid. In spite of this, make a will in Spain is of great importance, the heirs will aim to legalize them, prove that it is the last testament granted, translate it and also apostille it.
This is something that can bring more costs and time for the heir, especially if there is some kind of complication. In Spain, the term for the payment of Inheritance Tax is six months from the death, after that time, different tax penalties are imposed. For that reason, it is more practical to make a will in Spain in relation to the goods that are in the country.
It is necessary to make a will in Spain
The European Regulation nº650 / 2012 of 5 of July speaks in relation to the successions, that is not applicable in Great Britain nor Ireland, but yes to the British or Irish residents in any country signatory of the agreement, between which is Spain. It is established as law applicable to the succession the habitual residence of the testator and not the one of his own nationality, except for declaration of the opposite in the testament.
This means that the testator must state in his will the norm that he wishes to apply or apply to be resident in Spain the Spanish norms, among them, those that are related to the obligatory legitimacies in favor of the children.
It is highly recommended that the will include a clause that specifies the applicable law, as for example in the case of the British, personal law, which allows full freedom at the time of making a will. This can be somewhat complex for a foreigner, so having a team of advisors or specialized lawyers can be of great help in these cases.