LawTalk
Why a will is important for owners of Spanish properties
When a property-owning spouse or family member dies having left no will in Spain or in their country of residence , the procedure can be very costly and time-consuming . In the UK you can generally notify the Land Registry , the banks , etc to transfer property into your sole name if you are the surviving spouse . In some cases where the estate is not of a high value no other formalities are required . An application can be made for Letters of Administration on intestacy by the surviving spouse or family , though this can be quite complicated .
This is very different in Spain as your Spanish property passes independently to your appointed heirs and there is a procedure required to prove who should receive it . Spanish law applies the law of your nationality to your estate . Therefore , if you die leaving Spanish assets and have not made a valid will in either country , your heirs need to prove firstly the law that should be applied on intestacy and secondly that they are entitled to inherit . This applies to your spouse even though you may be joint owners of the assets .
The European regulation 650 / 2012 allows for the law of nationality to be applied to your dispositions . This is particularly important if you have a second family or if want your entire estate to be left to your surviving spouse . Remember that prevention is not only better than cure in this situation , it is also much less costly than cure . We also have experienced English lawyers who can assist with your English wills and probate .
For more information contact info @ decottalaw . net or telephone 952 52 7014 for a meeting with our experienced lawyers .
De Cotta Law ( De Cotta McKenna y Santafé ) Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office : Calle Diputación 11 ,
29780 Nerja www . decottalaw . com info @ decottalaw . net
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