SUCCESSION MORTIS CAUSA OF ENGLISH CITIZENS RESIDENTS IN SPAIN: PROBLEMS AND NEW PERSPECTIVES. THE EUROPEAN SUCCESSION REGULATION 650/2012.

English succession system is founded on different principles to the Spanish one. The respective internal and private international law rules in this field have no similitude. Consequently, in the event of death of English citizens with residence in Spain some complex problems arise throughout the whole succession process.

Difficulties grow if the deceased owns properties located in England and in Spain. While the United Kingdom will not take part into the new European successions regime, Spanish authorities will apply its rules in our territory in order to determine the law applicable to the succession of English citizens deceased with residence in Spain.

The European Succession Regulation 650/2012 entered into force on 17 August 2015. Until that date Article 9.8 of the Spanish Civil Code stated that the law applicable to the succession is the national law of the deceased at the time of death. As from 17^th August 2015 the succession shall be governed by the provisions of the European Regulation. Articles 21 and 22 will be applied by our authorities to determine the law applicable to the succession to those who have deceased after 17^th August 2015, no matter whether they were citizens of a Member State participating in the regulation or of Member States that did not participate (United Kingdom, Ireland or Denmark).

The new regulation provides the possibility to choose (in writing) the law applicable to the succession.

Foreign citizens residing in Spain will have to take into account these new regulations when disposing of their assets in a will, since if they do not choose which law should rule their succession, the rules on succession in force in Spanish law will apply (or those in the country in which they have their residence). In case of British citizens, it can have very important consequences that should be taken into consideration.

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