Managing an inheritance for a Spanish citizen residing abroad can be complex due to the applicable legislation and the competent jurisdiction. Below are the key aspects of this process.
Determining the Last Will
To determine the last valid will, two certificates must be obtained in Spain:
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Death Certificate
This allows you to begin the request for the following certificate.
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Certificate of Last Wills
This document indicates whether the deceased made a will and which one is the most recent and valid. If there are multiple wills, the latest one always prevails.
A European Certificate of Succession can also be requested, which facilitates the management of cross-border inheritances within the European Union.
Conflicts Between Heirs
If there are conflicts between heirs, both the applicable law and the competent court must be determined. These conflicts are handled in the place where the deceased had their habitual residence at the time of death.
Applicable Law
The law governing the inheritance may vary depending on the following criteria:
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Spanish Legislation
According to Article 9.8 of the Spanish Civil Code, the law applicable to the succession is the personal law of the deceased, meaning the law of the country of their nationality at the time of death.
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European Legislation
Regulation (EU) No. 650/2012 of the European Parliament regulates jurisdiction, applicable law, recognition, and enforcement of decisions in matters of succession within the EU. According to this regulation:
- The applicable law will be the one chosen by the deceased in their will, provided there is a connection to the deceased.
- If no choice was made, the law of the country of habitual residence at the time of death will apply.
- Exceptionally, if there were closer ties to another country, the law of that country will apply.
Jurisdiction of the Courts
The jurisdiction of the courts to manage an inheritance varies depending on the residence of the deceased at the time of death:
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Jurisdiction in Spain
According to Article 52.1.4º of the Spanish Civil Procedure Act, in inheritance matters, the competent court is the one where the deceased had their last domicile in Spain. If they resided abroad, the court where the majority of their assets are located will be competent.
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Jurisdiction in the European Union
The courts of the EU country in which the deceased had their habitual residence at the time of death will have jurisdiction to handle the entire succession.
Life Insurance Certificate
The life insurance contract certificate is a document that confirms whether a deceased person had a life insurance policy, allowing beneficiaries to verify if they are entitled to claim it, since this right belongs to them and not to the heirs, as it is not part of the inheritance.
This certificate was created to prevent insurance policies from going unclaimed after death. The Life Insurance Registry, managed by the Ministry of Justice, holds information on these policies, which remain valid for up to five years after death.
To obtain the certificate, it can be requested online, in person or by mail, and requires submitting form 790, paying the fees, and providing the death certificate and the deceased’s ID.
In conclusion, managing an inheritance for a Spanish citizen living abroad requires a detailed analysis of the applicable law and the competent jurisdiction. Having the necessary documentation, such as the death and last will certificates, is essential to determine the valid will and the court where claims must be filed in case of conflict. European regulations simplify cross-border inheritance procedures by providing a unified legal framework for dispute resolution.
Trust our team of lawyers specialized in inheritance and succession law. We offer comprehensive assistance at every stage of the process and for any situation that may arise in this area.
A poor approach from the start can lead to irreversible consequences in the family environment. We are here to help you handle complex scenarios with the dedication and respect each case deserves. Do not hesitate to get in contact with us for the support you need.
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