28 Oct What happens to the legacy of a Briton who dies being resident in Spain, without a will or with a will that does not establish that British law applies to it?
The inheritance shall be subject to the Spanish legal system, so that two-thirds of the inheritance will be attributed to his descendants, one of them necessarily divided between the sons/daughters equally and without any charge; and another with the possibility of being freely distributed by the deceased among his children or grandchildren and carry the burden of the lifelong usufruct of the widowed spouse.
But this can be avoided by using the “professio juris” on the will in favour of the national law of the grantor, a measure recommended in all cases where a person, for whatever reason, wants to keep the link between his succession and the legal system of the State of his nationality.
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