Today, we share with our readers a new court success achieved by our firm. The case involves contesting a will in Spain, the interpretation of the European Regulation 650/2012 and its implications for inheritance laws with an international component. Our clients—the deceased’s children—were unjustly excluded from their father’s inheritance. The judge ultimately ruled in our client’s favour and upheld their right as legitimate heirs. Below, we examine the details of this case.
European Regulation 650/2012: Determining the Applicable Law for Succession
As we have explained in previous articles, the European Regulation 650/2012 outlines the rules governing applicable laws in inheritance cases. Particularly those with international connections. According to Article 21, the law governing the inheritance will be that of the deceased’s last habitual residence at the time of their death. This law applies to the entire estate, covering all the assets the deceased holds globally.
However, this European Regulation allows individuals to expressly choose in their will, the law of their nationality to govern their estate. This flexibility accommodates individual circumstances and respects the deceased’s intentions.
Case Details: Italy, United Kingdom, and Spain. An International Inheritance
To provide context to our readers, it is important to note that both Italian and Spanish laws include “forced heirs“. Certain close family members who are legally entitled to a reserved share of the estate. Under English law, however, testators have complete freedom to distribute assets as they wish, without this limitation.
In this case, the deceased, an Italian citizen who spent most of his professional life in the United Kingdom, retired to Spain. Despite having is habitual residence in Marbella, he granted a will stating he was resident in the UK and chose English law to apply to his estate, thereby excluding his children and naming his second wife as sole heir.
Contesting a Will: Habitual Residence of the Deceased.
The First Instance Court of Marbella has issued a judgment confirming, as requested in our claim, that:
.- European Regulation 650/2012 only allows the choice of national law in a will, not any other law.
.- The deceased’s habitual residence was located, unquestionably, in Spain. As supported by evidence such as utility bills, vehicle mileage records, witness statements, and more.
.- Therefore, the deceased’s will and the inheritance deed through which the widow inherited all the assets, are both to be declared null and void.
.- The court has ordered the defendant to pay legal costs.
Conclusions.
International inheritance cases can be particularly complex, underscoring the need for expert legal advice when drafting a will. At White Baos Lawyers, we specialize in contesting a will in Spain. If you believe your inheritance rights may have been compromised, do not hesitate to contact us. We will review your case and provide expert legal advice.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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