Old Spanish wills made by (resident) British nationals are being declared void

Raymundo Larraín Nesbitt, May, 8. 2018

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
8^th of May 2018

As previously warned in other articles of mine (Spanish Wills and Probate Law in light of European Regulation 650/2012) new European Regulation has rendered some old Spanish wills void. Any Spanish will witnessed before the 17th of August 2015 should be revised by a Lawyer to ensure it is fully compliant.

In today’s blog post we examine how two old Spanish wills, made by British nationals and granted prior to the changes of 17-08-15, were declared void by Spain’s Dirección General de los Registros y del Notariado (DGRN, for short). The DGRN is the legal body tasked to oversee the roles of both Notaries and Land Registrars in Spain.

We tend to forget the human tragedies that hide behind these unfortunate situations. What the annulment of these wills has meant is to shatter the lives of women, surviving spouses, who out of no fault of their own, had their life’s torn apart following the deaths of their husbands. Unprotected women who placed their trust and financial well-being in the hands of their now defunct husbands, and who were already going through an ordeal of their own, were cut out of the Spanish wills made by their late husbands. The children disagreed with the content of the wills, challenged them – and won.

This nightmare scenario could have been easily avoided altogether by their husbands if these had made a new updated cast-iron Spanish will compliant with the terms of the new EU Regulation. This tragedy is going to repeat itself over and over again in the future with other surviving spouses on not heeding my advice; if you care for your significant other, ensure your Spanish will is compliant with the new set of laws.

DGRN resolution of 14^th June 2016

A British national, who had his habitual residency in Spain, dies in September 2015 (after the changes that came into effect on the 17^th August 2015). He made a Spanish will in 2003. The man left three children and a wife. He decided to leave everything to his wife and cut out his three children.

His children contest the Spanish will. Long story short, the case reaches the DGRN and it rules that the Spanish will is void as it did not comply with the terms laid out by the new European Regulation 650/2012. As a result, his wife is cut out of the will and left penniless, whilst the three children inherit all his estate in equal shares.

DGRN resolution of 3^rd of July 2016

A British national, who had his habitual residency in Spain, dies in October 2015 (after the changes that came into effect on the 17^th August 2015). He made a Spanish will in 2005. The man had two children and a wife. He decided to leave everything to his wife and named as substitute heirs, in the event of his wife’s death, his two children.

His children contest the Spanish will. Long story short, the case reaches the DGRN and it rules that the Spanish will is void as it did not comply with the terms laid out by the new European Regulation 650/2012. As a result, his wife is cut out of the will and left penniless, whilst the two children inherit all his estate in equal shares.

Conclusion

The stark warning I gave in my article's conclusion of January 2015 still holds true:

“Surviving spouses or partners are the ones who stand to lose most (or all) under this new Regulation unless you act now.”

Do not take chances with your loved ones’ well-being and plan ahead for your demise. Making a new Spanish will, that is fully compliant with the new European Regulation, is only €195 through us. This is a paltry amount compared to the dozens of thousands of euros your family stand to lose through litigation unless you act now; not to mention the additional grief and aggravation you will spare them at a time of bereavement.

It is in truth a small price to pay for peace of mind that will avoid a family being torn apart over money matters. Ensure your last will is respected and carried out the way you wanted it to be.

"Dura lex, sed lex."

Roman civil law maxim meaning that, however regrettable the outcome of a legal matter, the law must be upheld.

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Larraín Nesbitt Lawyers is a law firm specialized in inheritance, conveyancing, taxation and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form.

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Inheritance-related articles

New EU Regulation to be Passed on Succession and Wills –18th May 2010
EU Pulls the Stops and Vows to Put and End to Inheritance Taxation Discrimination on Non-Resident Beneficiaries Inheriting in Spain – 20th May 2010
Non-Residents: Six Advantages of Making a Will in Spain – 8th August 2012
Spanish Wills and Probate Law in Light of European Regulation 650/2012 – 8th January 2015
Changes to Spain’s Inheritance and Gift Tax Law – 21st February 2015
Dispelling Spanish Inheritance Tax Myths – 8th August 2015
Spanish Inheritance Tax for Non-Residents (Part I) – 21st February 2016
Spanish Inheritance Tax for Non-Residents (Part II) – 8th March 2016
Inheritance Tax Novelties in Andalusia. FAQ on IHT – 8th September 2016
Which beneficiaries are hit worst by Spanish Inheritance Tax (IHT)? – 2nd June 2017
Non-Resident: Why you need to make a Spanish will – 24th June 2017
Non-resident: careful on making a will in Spain – 30th August 2017
Andalusia to slash Inheritance tax for inheritances under 1 million euros – 21st September 2017
Spanish Inheritance Tax Assessment Report (SITAR) – 8th October 2017
Seven Advantages of making a Spanish will – 8^th May 2018
Old Spanish wills made by (resident) British nationals are being declared void – 8^th May 2018

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.