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Stuart J
Stuart J, Solicitor
Category: European Law
Satisfied Customers: 23095
Experience:  Senior Partner at Berkson Wallace
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With the UK leaving the EU, is it better to have a separate

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With the UK leaving the EU, is it better to have a separate will in Spain covering Spanish assets. This is for someone living in the UK, but with property in Spain?
JA: What state are you in? It matters because laws vary by location.
Customer: If you mean in Spain, the property is in the province of Valencia and the resident in the UK is in England and is British Citizen.
JA: Has anything been filed or reported?
Customer: What do you mean?
JA: What confuses you?
Customer: I don't know what you mean by 'filed ' or ' reported'. I'd just like to know whether it's possible to know yet how inheritance law will function when the UK leaves the EU vis a vis a British national owning a property abroad and deciding whether he/she should have two separate wills ie in the UK and in Spain or whether assets in both countries can be covered by one will drawn up in England.
JA: Anything else you want the Expert to know before I connect you?
Customer: No. That's it.

There is no reason why you should not have a UK will covering Spanish assets provided you are based in the UK.

Some countries (notably France) have very different rules with regard to what happens to inheritance to children, regardless of what it says in the will but that only applies if the children live locally.

Customer: replied 7 days ago.
I suppose I'm concerned that after the UK leaves the EU, a UK 'Will' won't be honoured in Spain.

It’s not that the UK will is honoured in Spain, it is that the dealing of the Spanish assets is dealt with by the UK executors. It wouldn’t matter whether Spain was in the EU or not.

Customer: replied 7 days ago.
Thank you, That’s clarified one point. But does Spain have a law about ‘forced’ line of inheritance ( Sorry, I don’t have the correct legalese).

Don’t worry about the correct phraseology, as we don’t have is in this country, I put the what the correct phraseology is either but I know what you mean.

It only applies to national is inheriting property BUT would apply to property outside that country. It doesn’t apply in the UK or to property outside the UK inherited by British citizens in the UK.

I haven’t got a clue what the situation would be if a British citizen was living in France.

I mention France because that’s the one most commonly crops up, I haven’t heard anything about it in Spain, you would need to speak to a Spanish lawyer.

All the estate I have dealt with where there has been a property in Spain, the executors simply got the Spanish lawyers to deal with it and it was dealt with in accordance with the UK will. The only problem was that the property was miles away and it needed Spanish lawyers to deal with the transfer.

 

I am glad to help. If you could help me now please, in the way that I have helped you, I would be obliged if you could please use the rating service because that gives payment for my time and expertise here today.

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If anything else crops up, we can still exchange notes. The thread doesn't close.

Kind regards.

Stuart J and other European Law Specialists are ready to help you
Customer: replied 7 days ago.
Many thanks.