Brexit has changed many things, but it hasn’t removed the ability for British citizens to use English law in their Spanish wills. However, it’s more important than ever to update your documents.
Key reasons to update your will post-Brexit:
- Ensure continued clarity around the applicable law.
Probate (known as “sucesión” in Spain) can be complex, especially for non-residents. Without the right preparation, your heirs could face months of paperwork, high legal fees, and even frozen assets.
A “usufructo” clause is one of the most powerful tools in Spanish estate planning. It allows a spouse or partner to use and benefit from a property without owning it outright.
Here’s how it works:
- The surviving partner can continue living in the family home.
If you're a British expat with assets in Spain, the EU Succession Regulation (EU 650/2012) — also known as Brussels IV — can have a major impact on your estate planning.
This regulation allows you to choose which country’s law will govern your estate. By including a simple clause in your Spanish will...
