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Message started by Bunter on Aug 15th, 2014 at 3:39pm

Title: Re: Spanish Wills
Post by Bunter on Jan 24th, 2015 at 8:56am

wrote on Jan 19th, 2015 at 5:52pm:
Do you know if this new law applies to non residents with property here?



Hi Pat.

        The SR Zone immovable assets of British citizens living in the United Kingdom will be subject to the jurisdiction of the courts of the SR Zone state. Whilst the law of the habitual residence applies, this includes PIL and renvoi back into the SR Zone. The local law will be applied to the local immovables only. This will not represent a significant change in France, but will in Spain or Portugal, where currently the renvoi has generally not been accepted.

A choice of national law by a UK citizen for his Spanish immovables would be of the relevant internal law of part of the UK. This will be vital for most existing UK citizens with immovables in Spain or Portugal.

A choice of national law by a UK citizen living in Spain would be of the relevant internal law of part of the UK. The ability to choose the law of England & Wales or of Scotland will be novel in France and Spain, but less so in Italy, where a form of choice of law already exists.

UK Nationals resident in the SR Zone

The estates of British citizens living in France, Spain, Italy or Portugal will be subject to the jurisdiction of the courts of that state. The local law will be applied to the worldwide assets and any non-SR Zone assets not so passing, may be brought into account.

Thus immovables in England & Wales will, under UK PIL, pass subject to Anglo-Welsh law, but will be brought back into account in the administration in France, Spain or other SR Zone state. This will be a significant change in France and Germany which currently do not bring foreign immovables back into account..

Local clawback rules will apply to lifetime gifts whether made within or outwith the SR Zone.

Taken from below.

http://www.lawskills.co.uk/articles/2012/10/the-european-union-succession-regulation-eu-no-6502012/

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