What happens if I name my spouse as heir and then get divorced?
Dear clients and readers,
Our today’s post is about the interaction between Inheritance law and divorce proceedings in Spain.
In this case, a woman had left all her assets to her husband in 1972, naming him as her sole heir. After divorcing in 1994 and dying in 2011 without having amended her will.
What happens if I name my spouse as heir and then get divorced?
👉 The answer to our question is provided by the Supreme Court, in its Ruling 539/2018, which says:
In the preceding case, the Supreme Court declared the appointment of her ex-husband as heir to be invalid and opened intestate succession
Conclusion
When a testator names their ‘spouse’ as heir and, before their death, a divorce occurs, that testamentary provision becomes null and void.
Why?
The explanation is that being a spouse was the determining factor in appointing the heir. Once the marriage bond is broken, the basis for that testamentary provision disappears.
📌 Our opinion:
If you get divorced, always review your Spanish will first. Otherwise, your estate may not be distributed according to your wishes.
At BZN LEX INTERNATIONAL LAWYERS, we will be glad to help you plan and protect your inheritance so that your assets are transferred according to your true wishes.
We hope you find this information useful. Please remember that this is not intended to be specific legal advice, just a general overview. As independent lawyers, we can help you both by assisting you to all inheritance&family issues as well as to carry out a comprehensive background legal analysis on your consultation or problem, if required.
Should you be interested in receiving more specific information or simply get an independent 2º opinion (either about this particular subject or any other), you can contact our firm in several ways:
Please do not hesitate to contact us at 0034 687 88 88 73 or visit our website:
https://bestsolicitorsinspain.com/contact/
At BZN LEX INTERNATIONAL LAWYERS. We speak your language and we understand your needs.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor. BZN LEX INTERNATIONAL LAWYER
