MY husband and I need to write new wills, but I have heard that his children will get all of my share of the inheritance. How can that be true?
In general the Spanish succession law protects the right of inheritance in favor of the descendants, ascendants, spouse or partner and financially dependent persons of the testator. However if you are not of Spanish nationality and you state in your will the European legislation that allows you more or even free disposal of you assets, that is if you decide to make a will according to the laws of your home country, then the Spanish law does not apply.
We consider it to be very important to have your Wills updated. Care should be taken when considering whether to have an International Will or a Will only for your assets in your home country and another one for the assets in Spain. English Law is totally different to Spanish Law, therefore you need to decide whether you wish your national law to apply or the law of the country of your residence.
In the planning stages of drawing up a Will is also a great time to start doing tax planning in order to make your estate the most tax efficient possible.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.