Our Spanish law firm in Marbella is frequently approached by European citizens concerned about the situation in which their assets located in Spain after their decease, the law applicable to their succession or taxes payable.
The European Union seeks to facilitate “the proper functioning of the internal market should be facilitated by removing the obstacles to the free movement of persons who currently face difficulties in asserting their rights in the context of a succession having cross-border implications. In the European area of justice, citizens must be able to organise their succession in advance. The rights of heirs and legatees, of other persons close to the deceased and of creditors of the succession must be effectively guaranteed.”
We refer to specific Inheritance issues that may appear for European citizens. European Union approved in 2012 a Regulation (Nº 650/2012, 4th July 2012) regulating jurisdiction, applicable law, recognition and enforcement of decisions and public documents and on the creation of a European Certificate of Succession.
This Regulation should not apply to revenue matters or to administrative matters of a public-law nature, nor to areas of civil law other than succession, nor to questions relating to matrimonial property regimes, nor questions relating to the creation, administration and dissolution of trusts. Should also be excluded the requirements for the recording in a register of a right in immovable or movable property, and the effects of the recording of a right in these registers.
When is the new EU law concerning Inheritance, Wills and succession in Spain entering in force?
Well, dated 17th August 2015 shall inter into force the REGULATION (EU) No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation (EU) No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession.
Spanish inheritance law will be directly submitted to the new EU Regulations.
The EU Regulations are directly applicable in the Member States, without being necessary that each State has to regulate internal disposal. Therefore this Regulation and its Implementing Regulation are directly applicable in Spain.
The Regulation applies to cross-border inheritance from 17th August 2015 (artl 83 Regulation 650/2012: This Regulation shall apply to the succession of persons who pass away on or after 17 August 2015.)
You may now go to a Notary in Spain to choose the law applicable to the succession and include it in your Last Will signed in Spain.
Félix Ruiz, Lawyer in Marbella, Málaga, Spain.
To be continued…..
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