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by Michael Davies
News and opinion on European and Spanish regulations affecting ex-pats who retire, play or invest in Spain
Michael Davies is a Spanish lawyer specialised in probate, inheritance tax and inheritance related litigation for ex-pats in Spain.
Guideline of the things to look into to keep things simple for your beneficiaries: I am Over 70 and wish to make sure my will, paperwork  etc is in good order in case I  "pop  my clogs" tomorrow: As a probate lawyer for 25 years ,from experience  I can say withoght doubt:  If clients all
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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.




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.