Becoming An Expat in Spain: Volume 9

Writing your Will

So one of the things you must do when becoming a resident in Spain is ensure the following:

• You have a Will covering your Spanish assets drafted and notarised

• You have a Will covering your remain assets in the UK signed and witnessed

Your Spanish Will should contain a Brussels 4 clause (called an EU 650/2012) succession clause which will enable you to leave your Spanish estate to whomever you choose rather than be dictated by Spanish law as to who gets your estate and in what percentages..

The UK jurisdictions that you could use to govern the succession of your Spanish estate are (depending upon where you were born or where your assets are located primarily are):

• England and Wales

• Scotland

• Northern Ireland

• The Isle of Man

Or

• Jersey and Guernsey

And 

If you are the joint owner of a Spanish property you may wish to also consider the inclusion of an usufructo clause within your Will which will ensure upon your death that your beneficiaries will legally own your half of the Spanish property while at the same time enabling your partner to remain within the property until they die or move out, meaning that if they then marry a new partner after your death and subsequently divorce/die without making a new Will, or go into care, the whole property will not be lost from your beneficiaries, just the half that they own in their own right.

Whatever you do, make sure you get your estate planning in place as soon as possible after your move as you literally have no idea what tomorrow brings with it.