A new EU regulation means that EU residents can opt for their national law to apply at the time of making a will or at the time of death.
Until now the Spanish inheritance law has applied and means two thirds of an estate must be left to the children of the deceased.
It is necessary to opt for the “article 22” of the REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL at the time of making a will or at the time of death or the applicable inheritance law would be the law of the country where the deceased had his habitual residence.
Anyone with any doubts should take legal advice from a solicitor or an “assessor.”
The regulation replaces the general criteria as per the Article 9.8 of the Spanish Civil Code on succession.
