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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.

Legal tip 717. Commun Laws for Inheritance in Europe
01 March 2012 @ 10:50

 The Parliamentary Committee has just approved the text regulating inheritance .A Regulation of European inheritance,  is expected to get today the approval of the Committee on Legal Affairs of the EU.

The idea is to create a European certificate of inheritance designed to make clear the legal status of the person who draws his last will and safeguard the rights of heirs and other interested parties such as creditors.This is achieved to make clear which legal system applies in the case of an inheritance where several states are involved, avoiding costly litigation and complicated burocracy.

One novelty of this regulation is that if someone dies in a Member State other than their country of origin, succession, in general, will be dealt with under the law of the Member State which was his last place of residence, and shall be governed by the courts and authorities of that State. 

This avoids the conflicts that may arise if several courts in different countries are declared competent.

Nevertheless, grantors of wills will also be able to choose the law which applies to its country of origin. This gives EU citizens a new right which is a significant improvement, as it will allow a person living abroad to maintain close ties with their country of origin and ensure that specific national provisions such as rules governing gifts made during life are respected.

Another important development is the creation of the European certificate of inheritance. This document is created to ensure that  heirs, creditors and the competent authorities apply the terms of the inheritance  through faster and cheaper procedures.

It seems that the UK is staying out of these regulations though.

Chiclana en obras

"Chiclana en obras", Chiclana, Cadiz, Spain, by desde mi ventana se ve la playa, at

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Anniebbh said:
06 March 2012 @ 15:01

Hi, we are about to make our Spanish wills and are confused over inheritance tax. If my husband dies , his name is on the deeds of the house, what happens to the ownership of the house,our property in UK, our savings and our investments. We have a Uk will that clearly sets our will in place, but confused about it in Spain. We live in a small community with no locals who speak English so are having problems getting info that we understand ie.Dummies guide to inheritance tax.
Thanks you

Maria said:
06 March 2012 @ 15:40

Even that because of your nationality and the fact that you have a property in the UK, your husband inheritance affairs will be dealt according to UK Law. It is advisable to have a Will in Spain to ease the process of transfering this assets to heirs.
Heirs will be paying taxes in Spain according to the value of portions inherited.

Bill said:
20 April 2012 @ 11:28

My wife and I have been tax resident in Andalucía for 5 years. We are very confused, as we understood that we should make a Spanish will to cover our house and bank account etc in Spain, and a UK will for UK bank accounts -(we have no house in UK.

I have recently read that Notaries will no longer permit a will under UK inheritance rules but it must follow Spanish forced inheritance rules.

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