Could I include testamentary partitions and clauses on my Spanish Will permitted by my national Law even if they are not permitted by the Spanish Law?

05 Aug Could I include testamentary partitions and clauses on my Spanish Will permitted by my national Law even if they are not permitted by the Spanish Law?

Yes, you can, since the rule in Spain is that the law applicable is the one corresponding to your nationality at the time of the decease whatever the nature or location of the assets is. Furthermore, if the Will included terms and clauses in accordance to the national law of the testator at the time the will was made but the testator has a different nationality at the time of his death, those initial terms and clauses shall still be the ones to apply just with the exemption of the ones the testator’s new nationality establishes concerning the Legitime (portion of inheritance reserved by law –specially Napoleonic Law including Spanish law- for spouse and children, etc).