Is this a hard Brexit?

In the end politicians have left their citizens with a great deal of uncertainty, as today it is still impossible to know how the UK-EU TRADE AND COOPERATION AGREEMENT reached at the last minute will affect UK citizens in the EU and if the regulations already approved in EU countries for a hard Brexit (as Spain did) have entered into force or not, as they were approved in case of a no deal. However, there is some up to date information from the Spanish government and more precise information regarding, residence, driving licenses, travelling etc on the website of the Ministerio del Interior, on this page you can also find useful links to make the proper applications.

Anyway, for inheritance/succession purposes nothing has been changed by BREXIT not in estate planning nor in the proceedings of an inheritance already opened, nor in IHT.

.-Regarding Estate Planning , The UK was not bound by the provisions of EU Regulation 650/2012 applicable in Spain for international inheritance, as at inheritancespain we explain repeatedly, so UK nationals with interests in Spain will still have the option of choosing the law of their nationality to deal with their succession, and that will be respected by Spanish authorities even though this choice of law will not be valid, nor applicable by UK authorities.

.-Regarding the proceedings to deal with an inheritance already opened, the situation is the same as above, the EU regulation 650/2012 that will rule the succession with Spanish authorities is as it was before, independently of the nationality of the deceased or the beneficiary. The court proceedings as well as the inscription of ownership of assets in the Spanish registries will be ruled exclusively by Spanish Law as it was before.

.-Regarding IHT, UK nationals are now citizens of a non EU member State, but nowadays, this is not really important as Spanish Tax Authority is applying all advantages in IHT to all foreigners, EU citizens or not, as a result of a long process even though the law has not been changed yet

After all there are the same new and old problems as before.

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