Review of wills issued before August 2015

The will is a document where you freely decide what will happen to your properties, assets, and rights, and
which you can change as many times as you wish. Since it is not possible in Spain to establish joint wills,
each individual decides for themselves what they wish and can amend their will as often and whenever they
want.
Since the revision of European inheritance law in August 2015, the legislation of the deceased’s last country
of residence is automatically applied, unless the will specifies which country’s law should be applied.
Before August 2015, national legislation was automatically applicable. Since then, the legislation of the
deceased’s last country of residence has been applicable unless the will expressly indicates which of the two
countries’ laws should apply. This means that an inheritance case should be handled according to Spanish
legislation if the deceased had their last residence in Spain and their will (signed before August 2015) does
not specify which law should apply in the inheritance case. This is despite the possible intention for national
(English) legislation to apply.

For practical reasons, we have always recommended preparing a will in Spain for assets located in Spain.
This speeds up the inheritance process, avoids bureaucracy, and saves unnecessary expenses for your heirs.
Furthermore, it is important to be aware that English legislation primarily protects the spouse, while Spanish
legislation provides more protection to children. Considering all these factors, we therefore recommend that
if your will was drawn up before August 2015, it should be reviewed to ensure that this very personal
document accurately reflects your wishes.