Wills

[Probation006]

My ex husband is living in Spain and owns a property there. He has made a will in Spain with a Spanish lawyer leaving all his possessions including the house to our eldest son. However we have a younger son also. There is no malice here but he is of the old fashioned view that the eldest son should take responsibility and make sure the youngest is provided for. Although I do not agree with this point of view I am confident that our eldest son will split all 50/50.
The question I have is: what if our eldest son predeceases my ex? In Spanish law would all revert to my youngest son as his next of kin as it would in England? If not who would benefit?
My ex does have a lady sharing his life but they are not married and she has no financial investment in the property.

Thank you

[Expert advisor]

Wills

According to the Spanish law the inheritances are ruled by the personal law of the testator. Therefore if your ex husband is British it will be ruled by the British law.

In order to know who would be the substitute of your eldest son in case of he predeceasing your ex husband, we would need to check the Will, and if there would be no Will, the British law would apply.

For further information, please contact us.