When you move to Spain, it brings not only practical changes, such as finding a new house and arranging administration, but also legal implications, including in terms of inheritance law. This article provides more information on your will when emigrating to Spain.
Read more about emigrating to Spain.
Why have a will when emigrating to Spain?
Many Belgians do not realise that Spanish inheritance law differs significantly from the Belgian system. By drawing up a will, you can record important choices, such as the designation of heirs and the distribution of your assets.
A will is essential to make the desired choice of inheritance law. The European Succession Regulation allows you to choose the law of the country of nationality in your will. For Belgians moving to Spain, this means that they can stipulate that Belgian inheritance law will continue to apply to the estate. This prevents your inheritance from falling under Spanish rules, which may be more restrictive in, for example, assigning heirs and distributing your assets.
Read more about Spanish inheritance law.
Important to register your will
In addition, it is crucial to register a Belgian will with the Central Register of Wills (CRT). By having your will registered in Belgium, it will also be known in Spain. Indeed, a Spanish notary will be obliged to consult the Belgian CRT. This ensures that the document can be found quickly, making the handling of your estate simpler and more transparent. Registration avoids confusion and legal complications for your heirs. A registered will kept by your notary therefore cannot be lost.
Of course, you can also have a notarised will drawn up. This can be done both in Belgium and in Spain.
What are the advantages of a Spanish will?
Decision
In short, by drawing up a will when moving to Spain and registering it in the Central Register, you protect your wishes around your estate. Thus, your heirs will be spared from legal complications and the estate can be handled according to your personal preferences.
