Germans with habitual residence in Spain/EU Inheritance Regulation

German nationals who have their last habitual residence in Spain should think about succession, even if it is an unpleasant topic for many.

If Germans living in Spain do not draw up a will with a choice of law in favor of German inheritance law, Spanish inheritance law automatically applies, although it should be noted that no uniform inheritance law applies in Spain, but that some regions (foral law areas) have their own inheritance law. Foral law areas include 

• Aragon
• Balearic Islands
• Basque Country
• Galicia
• Catalonia
• Navarre

This can lead to undesirable results. This is because, under general Spanish inheritance law, the children of the deceased are so-called "no heirs" and cannot be entitled to a compulsory portion under the law of obligations, as is the case in Germany. This means that if there is no will from a German with habitual residence in Spain, the children inherit, whereby the spouse is only entitled to a usufructuary right to part of the estate. If this is not desired, a will must be drawn up.

In addition, the joint spouse's will (e.g. "Berlin will"), which is popular among Germans, is not effective in most regions of Spain. 

This means that a spouse's will drawn up after August 17, 2015 is not valid in most regions of Spain if the last habitual residence is in Spain.

You should therefore think about drafting a will during your lifetime, even if many people find it difficult to deal with the subject during their lifetime. But it is precisely then that the right course can be set.