For non-resident foreigners, it is more practical to make a will in Spain for assets located in Spanish territory. This provides the following advantages:
Additionally, it is important to know that wills executed in Spain do not affect other assets owned by the non-resident foreign citizen in their country of origin or residence.
The testator has the power to choose which law will apply to their succession: the law according to their nationality (national law or personal law) or the law applicable in the state of their habitual residence (the place where they have stabilized over time). However, there are conditions:
Generally, if no will is made or if the testator does not express their decision regarding which law will apply to the succession, it will be governed by the law that applies in the country of the testator’s habitual residence at the time of death, regardless of the country in which the assets are located and the nationality of the testator. This is established by Regulation (EU) 650/2012 of the European Parliament.
If a foreigner makes a will in Spain, the distribution of the will made in Spain is not exempt from problems at times.
Unequal inheritance is the unequal distribution of a deceased person’s assets among their heirs, often stipulated in a will. This could occur for various reasons, such as differing needs among heirs, involvement in the deceased’s care, or personal preference.
Although legal, it can spur conflict among the heirs, especially if the reasoning is unclear, necessitating careful handling to avoid legal disputes and preserve family harmony.
Being named as an executor in a will is an important responsibility, and means you’ll have earnt the trust of the person making the will.
An executor is someone named in a will who is legally responsible for handling the deceased’s estate. The estate encompasses the deceased person’s belongings, finances, property, and possessions. Before you can act as an executor, you may need to obtain legal permission, known as a Grant of Probate.
In terms of responsibilities, executors must manage the deceased’s assets include paying any debts owed by the deceased, selling assets such as properties, and paying any tax due.
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