Question:
DEAR LAWYER, I have been asked to obtain an affidavit or certificate valid under Spanish Law with regards to an inheritance from my father.
He lived in Spain, was a widower with two children and had a Spanish will which only referred to his assets in Spain but he had no additional will to cover his assets outside of Spain.
We need to know how the assets out of Spain should be administered in accordance with Spanish Law and who the beneficiaries are.
Answer
Thank you for your enquiry.
If there is a valid Spanish will (confirmed by a will certificate from the central registry) covering only the assets in Spain, but not covering assets outside of Spain, then you must be aware of the following:
Intestacy rules for assets outside of Spain.
If as you mentioned there is no other will and it refers only to assets in Spain, then, we must conclude that the assets located out of Spain must be governed as per the applicable intestacy rules, which will depend on the applicable law.
Applicable Law
I understand that as per the Regulation (EU) No 650/2012 about Jurisdiction and applicable law in succession matters and European Certificate of Succession, articles 21 and 22, that the applicable law to the inheritance will be a matter for Spanish Law, because Spain was the habitual residence of the deceased at the time of death and as far as the deceased did not make a choice of law in favour of the law of his own nationality.
Who are the beneficiaries of the assets out of Spain? For the assets out of Spain, as there is no valid will to cover them, the Spanish Intestacy Rules, will apply regulated in the Spanish Civil Code, articles 912 and following ones, and in this case, as per Article 931 children and descendants inherit before any other relative, to their parents and other ascendants.
Therefore as per the Spanish intestacy rules, the children of the deceased, are the beneficiaries in equal shares of the deceased’s assets outside of Spain.
Affidavit of Spanish Law and the correct way to prepare it.
We can prepare the affidavit you need in order to administrate the assets outside of Spain, but based on our experience in several cases like this, we would recommend that:
- The formalities of the affidavit are confirmed with the relevant authority in your country.
- We can prepare it in English and Spanish, so you do not need to obtain a further translation in English.
- If needed we can sign it in front of a Spanish notary, who will confirm that the content is correct.
- If needed we can attached the Hague Apostille to it.
If you need an affidavit of Spanish Law, relative to the Spanish inheritance rules, probate, or any other legal subject, contact us and we will help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel:+34 966 426 185
E-mail: info@white-baos.com
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