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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6117
Experience:  Spanish Attorney
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I have recently married someone with property in Spain. He

Customer Question

I have recently married someone with property in Spain. He has two children from a previous marriage, I have one. All of us are well looked after in his estate planning. Currently he does not have a Spanish will. Will his UK will apply in Spain if he remains without a Spanish will? Or does Spanish law step in with a proscribed approach to the Spanish part of the estate?
If I understand correctly, the Napoleonic system there will allow him to leave the property solely to his children.
If he should he die before I do, and the children inherit the property, do I have any right of use or ability to stop them selling the flat?
Can he name me in a Spanish will allowing me a third of the property upon his death? Or can he leave it ONLY to his children?
Can he leave the property for my use as long as I am alive, and then leave it to his children?
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
Hi there

José M spanish atorney

First I need to know is the nationality of him

It is not matter where the propiety is, the main thing is his nationality because it will say the aplicable law

Thank you
Customer: replied 2 years ago.

he holds both a Canadian and a UK passport. He currently resides in England, but for the previous several years was a resident of Hong Kong.

Expert:  José M. replied 2 years ago.
Well, the law to use the inheritage procedure is Canadian or britisth one
He has to pay taxes in the comunidad autonoma where the propiety is
Spanish inheritage law is not matter for him.
Thank you