MENTIONING A TRUST ON A SPANISH WILL OR RELYING ON A U.K. WILL THAT MENTIONS ONE  IS ASKING FOR BIG TROUBLE. SOMETIMES WHAT IS LEGALLY POSSIBLE AND WHAT IS PRACTICAL IS NOT THE SAME THING. THIS IS A PERFECT EXAMPLE. Question: I had a Spanish will made out for myself and my wife some time
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MENTIONING A TRUST ON A SPANISH WILL IS ASKING FOR TROUBLE. SOMETIMES WHAT IS LEGALLY POSSIBLE AND WHAT IS PRACTICAL IS NOT THE SAME THING. THIS IS A PERFECT EXAMPLE. NOT HAVING A SPANISH WILL AND RELYING ON A U.K. WILL THAT MENTIONS A TRUST TO WIND UP THE SPANISH ESTATE IS EVEN WORSE. Can
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European Union Directive establishes that if you are a resident in Spain and wish to avoid the Spanish system of obligatory heirs (that establishes that 2/3rds of your estate has to go directly to your
children ) you must make an express choice of your national law when signing your Spanish will.

If you are an ex-pat in Spain these are the 11 most important things to consider in relation to Estate planning and wills .

Q.  My father has left his villa in Spain to my brother and me but has left the life posseion “USUFRUCTO VITALICIO” in favour of his second wife (not our mother ).  Her Spanish solicitor is asking us to go to Spain to sign the acceptance deed. What is all this about? A. What your
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European Union Directive establishes that if you are a resident in Spain and wish to avoid the Spanish system of obligatory heirs (that establishes that 2/3rds of your estate has to go directly to your
children ) you must make an express choice of your national law when signing your Spanish will.

Do not underestimate the importance of signing one. It is extremely important that if you have a property in Spain you have a Spanish will. If you already have one, make sure it complies with new European Directive 650/2012 which came into force  on the 17th of August of 2015. For more information about the
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If you have any doubt about the importance of making sure your Spanish will does not need to be changed due to changed to the law introduced by a European Directive, please read this article published in the u.k. Law Society Gassett The Directive is in force since 17th of August of 2015 and there
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