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Does anybody know any details about how Brexit may affect a Will made in Spain but based on the UK legal system of inheritance? Is it now necessary to make a new Will or to make alterations to an existing one?
Posted: Mon Aug 23, 2021 11:37am
Helpful member
Whilst Brexit was and still is an unmitigated disaster, based on lies and voted in by only 37% of the eligible population, it is most unlikely that there is any cause for concern regarding the legality of existing wills and suchlike. Some wideboys may try and induce you to make new wills but a word with the Notary will put you right.
Posted: Mon Aug 23, 2021 11:57am
On a similar topic does anyone know if inheritance tax has changed for non residents after Brexit. Have tried to research it with no joy.
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Posted: Mon Aug 23, 2021 5:59pm
Legendary helpful member
Hi Sharon,
Brexit hasn't changed the requirement for Will(s). For people who have property and other significant assets in both the UK and Spain, it's always been advisable to have separate Wills for each country. Most importantly, the Spanish Will should be written with the prevailing law of your country of origin, e.g. Law of England & Wales, Law of Scotland or Law of Northern Ireland. This is an important point to check on any existing Spanish Will - it shouldn't say "Law of the UK", because there's no such thing.
Kind regards,
Kim
Posted: Thu Sep 2, 2021 9:11am
Please could somebody help. I have two very good friends who live in formentura del segura. Paul died suddenly two weeks ago and left, his partner Tracy. They had applied and for their residency. They did not have a signed will. Just a handwritten piece of paper (unsigned). The villa is in joint names. However, Paul’s son came over to take the ashes to U.K. for a service (15th sep). It all got messy between Tracy and the son. My friend is worried that the the son will inherit half or all of the estate. Does anyone know of a good lawyer who specialises in this subject? She needs advice and she needs it before six months from what I have read. With kind regards [email protected]
Posted: Thu Sep 2, 2021 9:52am
Legendary helpful member
Jacqueline64 wrote on Thu Sep 2, 2021 9:11am:
Please could somebody help. I have two very good friends who live in formentura del segura. Paul died suddenly two weeks ago and left, his partner Tracy. They had applied and for their residency. They did not have a signed will. Just a handwritten piece of paper (unsigned). The villa is in joint ...
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...names. However, Paul’s son came over to take the ashes to U.K. for a service (15th sep). It all got messy between Tracy and the son. My friend is worried that the the son will inherit half or all of the estate. Does anyone know of a good lawyer who specialises in this subject? She needs advice and she needs it before six months from what I have read. With kind regards [email protected]
Hi Jacqueline,
Without a Spanish Will, written with the law of England & Wales prevailing, I'm afraid your friend has good reason to be concerned. The laws of succession in Spain prioritise children over the spouse. As the house is in joint names, I don't believe the son will have a claim on Tracy's half, but there is the potential for dispute over Paul's half. There could also be Inheritance Tax implications. As you correctly assess, she needs to see a lawyer as soon as possible.
I would recommend she speaks to Silvia at SGM Abogados in Benijofar:
https://sgm-abogados-legal-spain.business.site?utm_source=gmb&utm_medium=referral
Kind regards,
Kim
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