{"id":6161,"date":"2017-10-05T14:03:48","date_gmt":"2017-10-05T14:03:48","guid":{"rendered":"https:\/\/www.white-baos.com\/wills-executed-by-expatriates-in-spain-conflict-between-wills\/"},"modified":"2020-09-10T07:24:32","modified_gmt":"2020-09-10T07:24:32","slug":"wills-executed-by-expatriates-in-spain-conflict-between-wills","status":"publish","type":"post","link":"https:\/\/www.white-baos.com\/en\/wills-executed-by-expatriates-in-spain-conflict-between-wills\/","title":{"rendered":"Wills executed by expatriates in Spain. Conflict between Wills"},"content":{"rendered":"
Question:<\/em><\/p>\n Dear lawyer,<\/em><\/p>\n My father made a will in Spain leaving all of his Spanish assets to me. A few days later he made a new will in his country, England, leaving the real estate property located there to his other children, my brothers.<\/em><\/p>\n What my father wanted was for me to inherit the Spanish assets and my brothers the assets in England.<\/em><\/p>\n Apparently in the will made in England, although it only mentioned properties and investments situated there, it was not stated that it only covered the assets there and it did not exclude the Spanish assets. Also the English will included a clause that says that the rest of the assets (without saying which ones or where they are) should be inherited by my brothers.<\/em><\/p>\n Is the Spanish will valid or is it negated by the other will? Who should inherit the properties in Spain?<\/em><\/p>\n <\/em><\/p>\n Dear Reader,<\/p>\n Thank you for your question.<\/p>\n In principle we must inform you that we cannot confirm the validity of a will signed in Spain by an expatriate, which may be in conflict with another will signed in a different country, without first studying carefully the wills and circumstances of the case.<\/p>\n <\/p>\n We can however say in general that:<\/p>\n <\/p>\n The previous will is revoked legally by the later valid will, unless the testator does not express in his will that he want that the old one to subsist in whole or in part.<\/em><\/p>\n Finally, if all those who have been named as beneficiaries in the Spanish and English wills are in agreement about the intention of the testator, in principle they could accept the validity of the Spanish will.<\/p>\n <\/p>\n In any case, we remind readers that it is essential if you have several wills in several countries, to make clear what assets are covered in each will, in order to avoid conflict between wills and avoid problems like the one commented on in this article.<\/p>\n <\/p>\n For any inquiries about wills or inheritances contact us and we will help you. <\/strong><\/p>\n <\/p>\n The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.<\/p>\n <\/p>\n Carlos Baos (Lawyer)<\/p>\n White & Baos<\/p>\n Tel:+34 966 426 185<\/p>\n E-mail: info@white-baos.com<\/p>\n White & Baos 2017 – All rights reserved<\/em><\/p>\n <\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" Question: Dear lawyer, My father made a will in Spain leaving all of his Spanish assets to me. A few days later he made a new will in his country, England, leaving the real estate property located there to his other children, my brothers. What my father wanted was for me to inherit the Spanish […]<\/p>\n\n
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