It is not true that all foreigners and expatriates must make a new Spanish will or modify their existing one

As mentioned in recent articles, the new Regulation 650/2012 affecting probate and inheritance in Spain, entered into force on the 17th of August 2015.

We advise all foreign citizens and expatriates who have any kind of assets in Spain to make a Will or Testament for their Spanish assets, and those expatriates who already have a Spanish will, to review it.

However, as some people have pointed out, not all Wills made before 08.17.2015 must be changed, in order to opt expressly for the national law of the testator or testatrix in all cases. This is because Regulation 650/2012 itself provides in its Article 83 covering the treatment of old Wills, that generally they will remain valid.

The transcribed article 83 reads as follows:
\" Transitional provisions

1. This Regulation shall apply to the succession of persons who die on or after 17 August 2015.

2. Where the deceased had chosen the law applicable to his succession prior to 17 August 2015, that choice shall be valid if it meets the conditions laid down in Chapter III or if it is valid in application of the rules of private international law which were in force, at the time the choice was made, in the State in which the deceased had his habitual residence or in any of the States whose nationality he possessed.

3. A disposition of property upon death made prior to 17 August 2015 shall be admissible and valid in substantive terms and as regards form if it meets the conditions laid down in Chapter III or if it is admissible and valid in substantive terms and as regards form in application of the rules of private international law which were in force, at the time the disposition was made, in the State in which the deceased had his habitual residence or in any of the States whose nationality he possessed or in the Member State of the authority dealing with the succession.

4. If a disposition of property upon death was made prior to 17 August 2015 in accordance with the law which the deceased could have chosen in accordance with this Regulation, that law shall be deemed to have been chosen as the law applicable to the succession.

If you have any doubt about if you Will must be changed or not, or any other matter relating to Wills, Testaments, Probate or Succession in Spain, contact us.