Why a will is important for Spanish property owners & open day
When a property-owning spouse or family member dies having left no will in Spain or in their country of residence the procedure can be very costly and time consuming. In the UK you can generally notify the Land Registry, the banks etc. to transfer property into your sole name if you are the surviving spouse. In some cases where the estate is not of a high value no other formalities are required. An application can be made for Letters of administration on intestacy by the surviving spouse or family though this can be quite complicated.
This is very different in Spain as your Spanish property passes independently to your appointed heirs and there is a procedure required to prove who should receive. Spanish law applies the law of your nationality to your estate. Therefore if you die leaving Spanish assets and have not made a valid will in either country your heirs need to prove firstly the law that should be applied on intestacy and secondly that they are entitled to inherit. This applies to your spouse even though you may be joint owners of the assets.
The European regulation 650/2012 allows for the law of nationality to be applied to your dispositions. This is particularly important if you want your estate to be left to your surviving spouse or if there is a second family. Remember that prevention is not only better than cure in this situation it is also less costly than cure.
De Cotta Law Open Day – Tuesday 5th November
De Cotta Law, the Firm of English & Spanish Lawyers with offices in the Canary Islands and Mainland Spain, are holding an Open Day in Tenerife on Tuesday 5th November 2019. Only on that day De Cotta Law English Solicitor Jonathan Sutton will be available for FREE consultations on English & Spanish Wills, Probate & Inheritance and Personal Injury. To book your private consultation please call our office on 922 719 520 or send an email to firstname.lastname@example.org
De Cotta Law
Avda. de España, s/n
C. C. Terranova, Locales 312-313
38660 Costa Adeje
Tel.: +34 922 719 520