Many British, European, and non-EU citizens buy a property in Torrevieja. Usually, they assume that their assets will automatically be distributed according to their home country’s laws. However, if you die while having your habitual residence in Spain, the legal situation can complicate seriously. This happens mainly due to the European Succession Regulation. Therefore, not leaving your intentions clear in an official document can trigger an international conflict among your heirs.
Consequently, making a will in spain as a foreigner specifically for your Spanish assets is the best way to protect your family.
The danger of the “habitual residence law”
By default, current regulations establish that the law applicable to an inheritance is that of the country of habitual residence. Thus, if you are an expat but live most of the year on the Costa Blanca, Spanish civil law will apply to your estate. This means that you will be forced to respect the “legitimas”. This is the mandatory portion of the inheritance for children, which does not exist in Anglo-Saxon law and could completely ruin your family plans.
The solution: Professio iuris or choice of law
Fortunately, the law offers a reliable legal mechanism to avoid the application of Spanish law. Through a testament granted in Spain, you can make use of the professio iuris. This procedure allows you to expressly choose your national law to govern the succession of all your assets.
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For British citizens: It allows the free disposition of assets. In this way, you avoid the forced heirs restrictions of Spanish law.
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Simple procedure: It is carried out before a local notary. Furthermore, it does not invalidate any wills you already have in your home country.
Protect the patrimony of your heirs in advance
A well-drafted testament not only avoids family disputes. In addition, it saves thousands of euros in sworn translations, apostilles, and international bureaucratic procedures. The legal team at Orihuela Solicitors analyzes your patrimonial situation to draft a customized solution. As a result, we guarantee that your last wish will be fulfilled with full legal validity.
