A battle of Wills - A cautionary tale.

Maria,   Not sure how you can be certain about what will happen post Brexit until the negotiations have been completed.  Whilst what you say may be the outcome, almost anything could be agreed.

If you are right I am glad I have dual nationality so will continue to an EU national after March 2019 unless Ireland leave too sometime.     I suppose as an Irish national I can make a Will under the succession laws of Ireland.  Is that right please?

The Will Rosie is asking for help/advice on is in existence,  so does that not mean the current law re UK sucession tax will prevail,  or is that incorrect ?

John:

I am stating what the situation was before Brussels IV where EU regulations had no word on cross-border wills/inheritances. It is quite sensible, things will turn out to be as they were when the matter was just regulated by General International Private Law unless Spain-UK agrees specifically on this.

As an Ireland national, yes, you can grant a will in Spain where even being Spain resident, you can choose your nationality to govern your post-mortem affairs, if not, by force of Brussels IV, Spain inheritance Law will apply.

If the will was made according to Brussels IV, of course, its regulation will remain, even after Brexit as those will be acquired rights. I am saying this by virtue of General Principles of Law, just if you wonder how I can be certain.

So, for those Spain residents, owning  real estate in Spain and no real estate in the UK, who will want UK to apply to his inheritance, it is highly advisabe to grant a Brussels IV will now, before the Brexit process is concluded

Johnzx

can I ask how you got on with this case as I believe we are in a similar situation with carers

https://costaluzlawyers.es/for-you/inheritance-tax-laws-in-spain/

It might help. Any questions?

Have a great weekend!

M

If you are right I am glad I have dual nationality so will continue to an EU national after March 2019 unless Ireland leave too sometime.     I suppose as an Irish national I can make a Will under the succession laws of Ireland.  Is that right please?

I tell my story, given the number  https://jumblesolver.pro/ of British ex-pats living in Spain who are or may become, vulnerablehttps://autoclicker.pro/ and easy  http://word unscramblerprey to unscrupulous people.

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This message was last edited by BITYRA on 22/12/2019.

This message was last edited by BITYRA on 22/12/2019.

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