Successions · Case commented
Will on assets in Spain of a foreign person
Anonymized summary · Document examined: testamentary draft
A draft will of a person of foreign nationality referred to his assets and rights located in Spain. It designated their descendants and included provisions for the replacement and revocation of previous provisions.
What was proposed
The international dimension made it necessary to distinguish the scope of the goods described from the scope of each clause. The document mentioned a foreign legal system, but this review does not confirm its current application or the validity of the whole.
Keys to understand the case
The interest of the case is in gathering the testamentary records of different countries before interpreting a new provision. A revocation clause should not be described in isolation from the others wills. A draft located in the file is exposed, without stating that it was granted, that it replaced documents from another country or that the succession had already been opened.
Documentation to study a similar issue
- Draft and previous wills.
- List of assets and countries linked to the succession.
- Documentation necessary to study the applicable law.