I own a house in Spain. I am divorced with 3 children under 18. I recently married a spanish man. I went to a notario to make a will asking that the house should pass directly to my children and my new husband has the right to live here until he dies. The notario said that Enlish law might apply to me and I should ask my embassy what this law states. I wrote to the embassy who gave me the name of an english speaking notario. (the language wasn?t the problem) I have lived here 7 years and have to wait until I?ve been married one year to apply for spanish nationality or 3 years until la ley aragonesa applies to me. This law states 2 parts of my estate must go to my children and one part to whom I please. I dont have any assets in the UK.  With my luck, I?ll pop my clogs before I can sort this out and my ex husband in England will take the children and ask an English judge if he can sell the house.  Surely a spanish will for property in Spain with children that have lived here most of their lives would be legal? Can anyone advise me on this.

Good afternoon.

I think that you also posted this on a thread that I have written on with respect to Spanish Wills but I have only had the chance to reply now and thought it best if answer the question directly on thsi posting.

Capit?lo IV Art?culo 9 of the C?digo Civil makes it clear that the law of the nationality of an individual applies and for this reason in your case you are free to execute a Spanish Will in accordance with English Law. This provides no restrictions as to how assets are left - that is to say that under English Law one can freely choose to leave assets to family members, their next door neighbour or charity etc. without restriction.

In view of this I would advise that you execute a Spanish Will before a Notary in Spain indicating that you wish to name your children as principle beneficiaries of your estate with an usufructo in favour of your husband. The Will should also recognise the fact that it has been drafted in accordance with your personal law. 

I can happily advise you further so please feel free to contact me if required. In any event I trust that this is of assistance.

Glyn Moran
Partner / Lawyer
CB Legal & Fiscal - Lawyers & Tax Advisors

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