Expat Forum For People Moving Overseas And Living Abroad banner

1 - 3 of 3 Posts

·
Registered
Joined
·
2 Posts
Discussion Starter · #1 ·
IMPORTANT NEWS FOR EXPAT HOMEOWNERS IN EUROPE
Around 1.5 million UK expats and holiday home owners will need to rewrite their Wills before new EU succession legislation comes into effect on August 17 this year.

The new raft of legislation, known as “Brussels IV” was created to make cross-border probate between EU member states standardised and easier to administer. Brussels IV means that a deceased person’s estate is dealt with by the laws of the country the property is in. For people with an overseas property, even if it’s just a holiday home, these new rules could affect what happens to the property after they die. Presently, if someone lives overseas but is still a UK national, or if they own an investment property in another EU country, that property is automatically disposed of according to UK law. Once Brussels IV comes into effect, the property will be dealt with according to the laws of the country it’s in unless the owner has specifically asked in his or her Will for it to be under UK law.

This new legislation will come as a surprise to many, but it’s actually been more than a decade in the making, and it was finally passed in 2012. It’s only just recently made it into the minds of the expat on the street, though, and more than a few are in a tailspin about it.

This new legislation isn’t anything to be scared of, though, as long as people make new Wills asking for their estate to be referred back to the UK when the time comes.

Online-Wills.co.uk can make this an easy, quick task for you.

Visit our website today and fill out our call back form or reply to this post to find out more about Brussels IV and how we can rewrite your Will to make sure your family gets what you want them to after you’re gone.
 

Attachments

·
Registered
Joined
·
6,024 Posts
IMPORTANT NEWS FOR EXPAT HOMEOWNERS IN EUROPE
Around 1.5 million UK expats and holiday home owners will need to rewrite their Wills before new EU succession legislation comes into effect on August 17 this year.

The new raft of legislation, known as “Brussels IV” was created to make cross-border probate between EU member states standardised and easier to administer. Brussels IV means that a deceased person’s estate is dealt with by the laws of the country the property is in. For people with an overseas property, even if it’s just a holiday home, these new rules could affect what happens to the property after they die. Presently, if someone lives overseas but is still a UK national, or if they own an investment property in another EU country, that property is automatically disposed of according to UK law. Once Brussels IV comes into effect, the property will be dealt with according to the laws of the country it’s in unless the owner has specifically asked in his or her Will for it to be under UK law.

This new legislation will come as a surprise to many, but it’s actually been more than a decade in the making, and it was finally passed in 2012. It’s only just recently made it into the minds of the expat on the street, though, and more than a few are in a tailspin about it.

This new legislation isn’t anything to be scared of, though, as long as people make new Wills asking for their estate to be referred back to the UK when the time comes.

Online-Wills.co.uk can make this an easy, quick task for you.

Visit our website today and fill out our call back form or reply to this post to find out more about Brussels IV and how we can rewrite your Will to make sure your family gets what you want them to after you’re gone.
Of course, if you are happy to leave your estate to children and other family members (as prescribed by Spanish law), then your will does NOT need to be changed.

There are no tax implications with this change.
 

·
Registered
Joined
·
2 Posts
Discussion Starter · #3 ·
New will regulations

Moderator is entirely correct! - am so pleased someone actually understands it as most Abogados
in Spain are confused totally

If you have wished for your property to go to your children then the Spanish Intestacy Rules present no issue to you. If however this is NOT your wish, perhaps you wish to bequeath it to your Partner in all or Part then you must draw up a new Will under the Brussel !V regulations under Nationality ( UK )

The other extremely concerning point one needs to CLEARLY consider is the question of "Habitual Residence" which everyone seems confused about.

As an Ex- Pat it may be fair to assume that our Habitual Residence is Spain as we spend most of our time here? .However no measure of " Habitual " has been agreed or stated. "Residence", we all understand BUT "habitual Residence" , a new Term, may mean 1 year / 3 years / 7 years - this is yet to be established until the first case hits court which will be several years ahead of August 17th 2015.

How many ex-pats can predict with certainty that Spain will be the land which they die in? - many things may affect our outcomes in this regard. This is another reason (taxation) why expats should also consider a Habitual Residence Will in conjunction with a UK National Will until we can all be certain ourselves of our own personal circumstances in the future and indeed just how the courts will interpret Habitual Residence.
It's a "belt and braces" approach, but let's be frank a small price to pay for a guaranteed legacy to our loved ones ..Wills-Online .co .uk provides clear information in this regard
 
1 - 3 of 3 Posts
Top