The New EU Regulation

The Regulation does not appldfbhnfgcvx to the United Kingdom, Ireland and Denmark, so those are considered non-EU member states for the purposes of the EU Regulation.

This regulation shall not affect the applicationcvxbcvbcvbcxvb of international conventions to which one or more member states are party. In particular, the Hague Convention is still applicable in Spain with regard to the formal validity of wills.

The regulation changes the traditional principal of basing the applicable lawon the nationality to basing it on the last residence of the deceased. That notwithstanding, it opens up the possibility of making a choice of the law to be applied to that of the nationality, either at the time of choosing or at the time of death, rather than the one of the last residence.

Some regions in Spain have their own succession law that is applied within that territory and , even though it will only be applied to Spaniards with the corresponding “ Vecindad Civil”, it will be directly applied to the successions of deceased foreigners, who had not previously chosen the applicable law, and with their last habitual residence in those particular regions.

This is important in issues like reserved share, legal succession or succession rights of the surviving partner in the territories of the Basque Country, Navarra, Cataluña, Balearic Islands Aragón and Galicia

The rule of the EU Regulation will be applied if the jurisdiction to deal with the inheritance falls to the Spanish court, whichever the applicable law will be.

The Regulation creates a new instrument, the European Certificate of Succession, (Certificado Sucesorio Europeo) to prove the status and rights of heirs, legatees, administrators and executors of the will and other issues related to the inheritance, within member states.

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