Probate Law

28 Oct What happens to the legacy of a Briton who dies being resident in Spain, without a will or with a will that does not establish that British law applies to it?

The inheritance shall be subject to the Spanish legal system, so that two-thirds of the inheritance will be attributed to his descendants, one of them necessarily divided between the sons/daughters equally and without any charge; and another with the possibility of being freely distributed by...

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23 Oct what would happen to the boys when I die? Would they, for instance, be prepared to face the unclear formalities and consequences when they inherit the house

You are on the top of the hill…still enjoying your recent slice shot on 18th hole. You are sure it was your cutest banana ball and you told others it was intentional when the ball landed on the green. And now you see a rewarding view of...

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05 Aug Could I include testamentary partitions and clauses on my Spanish Will permitted by my national Law even if they are not permitted by the Spanish Law?

Yes, you can, since the rule in Spain is that the law applicable is the one corresponding to your nationality at the time of the decease whatever the nature or location of the assets is. Furthermore, if the Will included terms and clauses in accordance...

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16 Dec Does Spanish Law regulate the conditions of the Probate of a non-Spanish person in cases of Probates related to assets situated in Spain? (2006-05-21)

The answer is no in what refers to the relevant and substantial legal aspects of the Probate. The Spanish Civil Code (Código Civil) indicates that the national Law of each person at the time of their death will be the one legally governing their inheritance....

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16 Dec Do the beneficiaries of a Trust created abroad by a grandmother, non Spanish resident, have to pay tax in Spain for the funds or assets they are from time to time receiving in Spain from that trust, why, how and when? (01/12/2009)

  (From a recent binding official reply to a formal consultation made to the Spanish Central Tax Office)   The legal arrangement of the Trust is not recognized as such by the Spanish legal system. The Convention of The Hague internationally applicable to the Trust and its recognition...

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