Hello Yawl

If you have made a Spanish Will and have not added thereon that you wish the will to be dealt with under UK rules and customs then from 17th August 2015 The law has been changed and states if that is not in the will it will be dealt with under Spanish law.

It is important to remember that in Spain there is a period of 6 months from the death of a person to declare the Inheritance Tax and present the forms in the tax office, after which the Spanish authorities impose tax penalties.


Following publication of the Regulation of the European Parliament and of the Council No. 650/2012, of July 4, 2012 in matters of succession and the creation of a European Certificate of Succession, will be applied to your wills and inheritance in Spain the applicable law of the habitual residence (SPAIN) and not the nationality of the testator (Article 21), unless otherwise stated in a will or other public document (art. 22). It means that in your will, must be included a clause stating the following: "The testator expresses that his/her will is that his/her succession is ruled by his/her personal law in the moment of his/her death". If it does not appear, the spanish law will be applicable to the will and to the inheritance, meaning that an important part of the property will go for the children although that it is not the wish.

The provisions of this Regulation shall apply to the succession of people who die on August 17, 2015 or after that date.

When the deceased had chosen before August 17, 2015, the law applicable to his succession, that election shall be valid if it meets the conditions previously explained.

The provisions of the European Regulation shall apply to the estates of persons who die on August 17, 2015 or after that date.

Dewey, Cheatham, & Howe
Solicitors.