Choice of law

A person can choose that the law to be applied to his or her inheritance is the law of their nationality at the time of that choice, or at the time of death.
If the person does not make a choice of law, that of the last residence will be applied by default. It is therefore advisable, if there is not going to be a choice of law, to provide in the last will all the relevant details to help prove the last residence or the state which is manifestly more closely connected to the person.

If the person has more than one nationality at the time of the choice or at the time of death, any one of them can be chosen.

The choice can only be made in the form of a Disposition of property upon death.

Also the revocation or modification of the choice of law must be made in the form of disposition of property upon death.

The substantive validity of the act whereby the choice of law was made, shall be governed by the chosen law.

In  common Spanish law, the ordinary way to make a disposition upon death is in a Last will and Testament.

Please take into account that if you are going to change nationality and the law of your current citizenship is the one to be chosen to rule the succession, you must make your last will before doing so.

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