Legal tip 531. Law is above any testament
18 May 2011 @ 13:52
An explanation, which I think will clarify:
UK will´s disposition apply MAINLY becuase Law applicable to his inheritance allow this. UK Law applies due to having both UK nationality and assets, and UK Law allows this will to display its effects.
If his last will was the UK one and this intended to deal with assets worldwide, but Inheritance applicable Law did not allow the dispositions of the will, this would not be applicable.
For instance: the deceased leaves a will naming an NGO as his heirs. The deceased just have real estate assets in Spain and spanish residency. He has UK nationality and will. This will does not apply.
Why? Becuase this is not respecting his legal heirs according to Spanish Law, the UK will does not apply.
Why? Becuase Law of his nationality ( UK Law) forward the inheritance to Spanish Law ( due to residency and estate assets) and Spanish Law has the restrictions of legal heirs.
In short and clear terms.:a will is a document which at the end will be always checked to be respectful with applicable Inhieritance Law.
In even shorter and simpler terms: Law is above testament.
Chiclana beach, Costa de la Luz by Zisk0 at Flickr.com