We provide expert advice in all aspects of Spanish property law for individuals and property-owning companies. We provide bilingual assistance in relation to all aspects of buying, owning and selling a property in Spain, whether you are a non-Spanish speaking client or more familiar with Spain and its legal system. We can also advise on Wills, succession matters and assist with Spanish litigation both in the UK and Spain.
On 17 August 2015, the European inheritance/succession law changed following a new European Succession Regulation which applies where a person owns assets in more than one European State.
The aim of the Regulation is to ensure that a person’s worldwide assets (with no exceptions) are governed by a single inheritance/succession law. The default position is now that a person’s worldwide estate is governed by the law of the country of their last habitual residence. However, if this does not suit them, citizens can opt for the law of their nationality to apply instead.
Complications have arisen, however, because the UK has not yet signed up to this Regulation, meaning that at present it is unclear whether Spanish or English inheritance/succession law will apply to a UK resident who dies whilst owning land/ buildings in Spain, if they have not opted for the law of their nationality to apply.
We can provide you with advice on whether it is more appropriate to have a Spanish Will and a UK Will, or a single Will applying to all your assets. We will also make sure your Wills are drafted in the most tax efficient way.
Under the new regulations, Britons should be able to opt for the law of their nationality (i.e. the law of England & Wales, the law of Scotland or the law of Northern Ireland) to govern their overseas estate when they die and this way they will avoid the application of Spanish forced heirship rules.
If you own a property in Spain it would be highly advisable for you to seek independent advice from our experts in Spanish Law.
Meeting with us
We know how important it is for you to get the right advice at a time that is convenient for you. Whether you are located near to our offices or not, our lawyers can conduct confidential meetings with you from the comfort of your office or home through our online meeting software, GoToMeeting. This allows you to view documents on screen and interact with you as if you were in the same room.