MENTIONING A TRUST ON A SPANISH WILL OR RELYING ON A U.K. WILL THAT MENTIONS ONE IS ASKING FOR BIG TROUBLE. SOMETIMES WHAT IS LEGALLY POSSIBLE AND WHAT IS PRACTICAL IS NOT THE SAME THING. THIS IS A PERFECT EXAMPLE. Question: I had a Spanish will made out for myself and my wife some time
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MENTIONING A TRUST ON A SPANISH WILL IS ASKING FOR TROUBLE. SOMETIMES WHAT IS LEGALLY POSSIBLE AND WHAT IS PRACTICAL IS NOT THE SAME THING. THIS IS A PERFECT EXAMPLE. NOT HAVING A SPANISH WILL AND RELYING ON A U.K. WILL THAT MENTIONS A TRUST TO WIND UP THE SPANISH ESTATE IS EVEN WORSE. Can
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European Union Directive establishes that if you are a resident in Spain and wish to avoid the Spanish system of obligatory heirs (that establishes that 2/3rds of your estate has to go directly to your
children ) you must make an express choice of your national law when signing your Spanish will.
If you are an ex-pat in Spain these are the 11 most important things to consider in relation to Estate planning and wills .
Q. My father has left his villa in Spain to my brother and me but has left the life posseion “USUFRUCTO VITALICIO” in favour of his second wife (not our mother ). Her Spanish solicitor is asking us to go to Spain to sign the acceptance deed. What is all this about? A. What your
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European Union Directive establishes that if you are a resident in Spain and wish to avoid the Spanish system of obligatory heirs (that establishes that 2/3rds of your estate has to go directly to your
children ) you must make an express choice of your national law when signing your Spanish will.