Jurisdiction in choice
of law

Jurisdiction in cases when the chosen law is that of a member state:

If the applicable law is not Spanish law, but the law of another Member State chosen by the testator, all the parties concerned can agree that the courts of that Member State are to have exclusive jurisdiction to rule on any succession matter.

Also, the Spanish court seised may, at the request of one of the parties, decline jurisdiction if it considers that the courts of the Member State of the chosen law are better placed to rule on the succession, taking into account the practical circumstances such as the habitual residence of the parties or the location of the assets.

Finally, the court of the Member State whose law has been chosen will have jurisdiction if the court is seised and the parties to the proceeding have expressly accepted the jurisdiction of the court seised. If in the course of the proceedings it appears that not all the parties to the proceedings were party to the choice of court agreement, the court shall continue to exercise jurisdiction if those who were not party to the agreement enter an appearance without contesting the jurisdiction of the court.

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