Foreign Connection

Cases with a foreign connection can vary greatly, but some can be predictable, such as those in which:

.-Some of the assets to the succession are in Spain while others are in another country

.-The deceased was a non-Spaniard whose last residence was in Spain

.-The deceased was a Spaniard whose last residence was in a foreign country

.-The last will was made in a foreign country

.-Any of the beneficiaries have their habitual residence in another country ( which can be important for the accepting of the succession and to limit the liability for the deceased’s debts, as the proceedings for such a declaration may be those applied in the country of residence)

.-The deceased made a disposition of property upon death in another country ( will, joint will or agreement as to succession)

Even if the succession is that of a Spaniard, resident in Spain, whose assets are all in Spain and the Last will was made in Spain, international rules must be applied, for example, if:

.- The deceased had previously had another nationality and had made a choice for the law of that nationality to be applied to his or her succession.

.-The deceased made a Disposition of Property Upon Death ( will, joint will or agreement as to succession) while having another nationality or having habitual residence in a foreign country which allows joint wills, or agreements as to succession.
Their substantive validity will be ruled by the law to be applied to the succession of the testator or the party whose succession is involved at the time of making them.

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