How do EU succession laws legally impact Costa del Sol inheritance?
EU Succession Regulation 650/2012, often referred to as 'Brussels IV,' significantly impacts inheritance for Costa del Sol property owners. This regulation came into force in August 2015 and allows individuals to choose the succession law of their nationality to govern the inheritance of their worldwide assets, including property in Spain. Without this explicit choice, Spanish succession law, which follows forced heirship rules (legítima), would generally apply to your Spanish assets. Therefore, it is crucial for foreign nationals owning property in the Costa del Sol to make a clear declaration in their will, or a separate declaration of choice of law, specifying that the law of their nationality should apply to their entire estate, if that is their preference. This preempts the application of Spanish forced heirship provisions, which might not align with your wishes for distributing your assets. This strategic decision helps in maximizing your legacy by ensuring your succession plan aligns with your personal estate planning objectives rather than being dictated by potentially unaligned local laws.
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