What to do with more than One Will?. Conflicts of testaments

Multiple Wills – Duplicity of Wills: Understanding Legal Implications in Spain

Can You Really Have More Than One Will?

Several wills may create confusion if the process is not managed in the proper way. Inheritance process where the inheritors discover that the deceased had several wills are complicate and creates frustration. Several wilsl are possible, but generates big impact in the inheritance structure. So, in order to get success on this, it is necessary to planificate perfectly the inheritance process.

Brief Concept of Multiple Wills in Spain

Creating multiple or duplucity of wills is often misunderstood, leading to the common belief that only the last will and testament a person creates is legally binding and valid. This misconception stems from a simplified reading of legal principles that do not take into account the nuances of inheritance law, particularly as articulated in Article 739 of the Spanish Civil Code.

While it is true that a subsequent will can revoke a previous one, this is not always the case. In reality, a person can create multiple wills, all of which can be valid, provided certain legal conditions are met.

This article aims to clarify the legal framework surrounding multiple wills, exploring how they can coexist without contradiction and under what circumstances they remain valid. We will also delve into practical examples, particularly in the context of international inheritance, where individuals own properties in different countries and may choose to create separate wills for different jurisdictions.

Legal Framework: Article 739 of the Spanisg Civil Code and its Interpretation

The belief that only the most recent will is valid is rooted in Article 739 of the Spanish Civil Code, which states:

“Previous testament is revoked by law by the other subsequent (the last one), if the testator does not express in the latter his Will that the previous subsist in whole or in part.”

This article suggests that, generally, the most recent will takes precedence, effectively revoking any prior wills unless the testator explicitly states otherwise. However, this does not mean that multiple wills cannot coexist. The key lies in understanding the conditions under which previous wills can remain valid alongside a new one.

Conditions for Valid Multiple Wills to be valid in Spain

For multiple wills to be valid, they must meet the following conditions:

1. Complementarity

The wills must be complementary, meaning they cover different aspects of the testator’s estate or different assets. They should not contradict each other in terms of the distribution of the estate or the instructions provided.

2. No Contradiction

There must be no contradiction between the wills. For instance, one will cannot allocate the same asset to two different beneficiaries unless this is clearly intended as part of a broader, complementary plan.

3. No Express Revocation

The testator must not have explicitly revoked the previous will(s) in the content of the latest will. If the most recent will includes a clause that revokes all prior wills, then only the latest will would be considered valid.

4. Express Intention to Retain Previous Wills

The testator should express an intention for the previous wills to remain valid. This intention can be stated explicitly in the most recent will or inferred from the circumstances and content of the wills.

Understanding Complementary Wills: How They Work in Spain

Complementary wills are created when a testator intentionally divides their estate into different parts, with each will addressing a specific portion or type of asset. This practice is common among individuals who own properties in multiple countries or have complex estates that require detailed, jurisdiction-specific planning.

Example 1: Complementary Wills in Different Jurisdictions

Consider a British national who owns properties both in the United Kingdom and in Spain. This individual may create:

– A Will in the United Kingdom: This will might cover the inheritance of all assets located within the UK, including bank accounts, stocks, and property.
– A Separate Will in Spain: This will would specifically address the inheritance of the Spanish properties, detailing the distribution of these assets according to Spanish inheritance laws or the individual’s wishes.

In this scenario, the wills do not conflict with each other. The British will governs the UK assets, while the Spanish will governs the Spanish assets. Each will is complementary, and both are valid as long as there is no contradiction or express revocation.

Example 2: Multiple Wills Covering Different Types of Assets

Another scenario might involve a testator who owns a business, real estate, and personal assets. They could create:

– A Will for Business Interests: This will could detail how the testator’s shares in a family business or other enterprises should be handled upon their death.
– A Will for Real Estate: This will might focus solely on the distribution of real estate properties, ensuring that these assets are passed on according to the testator’s wishes.
– A Will for Personal Assets: This could cover personal belongings, vehicles, and financial accounts.

Each of these wills addresses different aspects of the testator’s estate and would not necessarily overlap or contradict one another. As such, they can coexist, provided there is clarity in the distribution and no conflicting instructions.

The Role of Express Revocation and Intention

While creating multiple wills, the testator’s express intention plays a crucial role in determining the validity of the previous wills. Express revocation occurs when the latest will explicitly states that all prior wills are revoked, rendering them invalid. However, if there is no such clause, the previous wills may still be valid, provided they meet the conditions of complementarity and non-contradiction.

Express Intention to Retain Previous Wills

If the testator wants to ensure that previous wills remain valid, they should express this intention clearly in the subsequent will. For instance, the will might include a statement such as:

“I intend for this will to supplement and not revoke my previous will dated [date], which shall remain valid and in full force.”

Such a declaration removes any ambiguity and ensures that all wills are considered during the probate process. However, even in the absence of an explicit statement, courts can interpret the testator’s intention based on the content and circumstances of the wills.

Judicial Interpretation and Spanish Jurisprudence

Spanish jurisprudence and Court decisions support the validity of multiple wills, provided they meet the outlined conditions. The Courts often look for the testator’s intention, which can be inferred from the language of the wills, the distribution of assets, and the overall structure of the estate plan.

Interpretation Through Acts and Content

When a will does not explicitly state that it revokes prior wills, or when it does not clearly declare that previous wills remain valid, the courts may need to interpret the testator’s intention. This interpretation is guided by:

– The Content of the Wills: Courts will examine whether the wills are addressing different aspects of the estate or if they appear to build upon each other. For example, if one will distributes real estate and another will addresses personal property, this could indicate that the testator intended for both wills to be valid.

– The Testator’s Actions: The testator’s behavior, such as how they managed their assets or how they communicated their wishes to their heirs, can provide insights into whether they intended to keep previous wills valid.

– Legal Precedents: Spanish courts rely on past cases to interpret similar situations. If previous jurisprudence has upheld the validity of complementary wills, this may influence the court’s decision in a new case.

International Considerations: Wills Across Borders

The issue of multiple wills becomes even more complex in an international context, where different legal systems and inheritance laws come into play. Many expatriates and foreign property owners in Spain face this situation, particularly British citizens who own properties in both the UK and Spain.

The Need for Multiple Wills in Different Countries

It is a common and recommended practice for individuals who own assets in multiple countries to create separate wills for each jurisdiction. This approach is often necessary because:

1. Different Inheritance Laws: Each country has its own inheritance laws, which may include forced heirship rules, different procedures for probate, and varying tax implications. A will that is appropriate in one country may not comply with the legal requirements of another.

2. Simplifying the Probate Process: Having a will in each country where assets are located can simplify the probate process. Instead of dealing with cross-border legal issues and potentially conflicting laws, each will can be processed according to the local laws, making it easier and faster to distribute the estate.

3. Avoiding Conflicts:  By creating separate wills that are tailored to each jurisdiction, the testator can avoid conflicts that might arise if a single will attempted to cover assets in multiple countries. This approach reduces the risk of legal disputes among heirs and ensures that the testator’s wishes are carried out as intended.

Example: British Citizens with Properties in Spain

British citizens who own properties in Spain often create two wills: one for their UK assets and one for their Spanish properties. This practice is widely recommended by legal professionals because:

– The UK Will:  This will covers all assets in the UK, including bank accounts, pensions, and real estate. It is governed by UK inheritance law.

– The Spanish Will:  This will specifically addresses the inheritance of properties and assets located in Spain. It is governed by Spanish inheritance law, which may include different rules regarding heirs and taxes.

By having two separate wills, British nationals can ensure that their estate is handled according to the laws of each country, minimizing complications and ensuring that their wishes are respected.

What Happens if a Will Only Regulates Certain Properties?

In some cases, a will may only address specific properties or assets, leaving others unmentioned. When this occurs, the distribution of the unmentioned assets will generally follow the rules of intestate succession or “ab intestato.”

Intestate Succession in Spain

Intestate succession occurs when a person dies without a valid will covering all their assets. In Spain, the Civil Code outlines the order of inheritance in such cases:

1. Descendants: Children and their descendants are the first in line to inherit. They share the estate equally.
2. Ascendants: If there are no descendants, the parents or other direct ascendants of the deceased will inherit.
3. Spouse: The surviving spouse is entitled to a portion of the estate, but this depends on whether there are descendants or ascendants.
4. Siblings and Collateral Relatives: If there are no direct descendants, ascendants, or spouse, the estate passes to siblings and other collateral relatives.
5. The State: If there are no heirs, the estate may ultimately pass to the State.

When a will only regulates certain properties, the assets not covered by the will are distributed according to these intestate rules. It is essential to recognize that this distribution may not align with the testator’s wishes, highlighting the importance of comprehensive estate planning.

Practical Advice for Creating Multiple Wills

Creating multiple wills requires careful planning and a deep understanding of both local and international inheritance laws. Here are some practical tips for those considering this approach:

1. Consult Legal Experts in Each Jurisdiction: When dealing with assets in different countries, it is crucial to consult legal experts familiar with the inheritance laws of each jurisdiction. They can help ensure that each will is legally sound and complementary to the others.

2. Clearly State the Intention in Each Will: To avoid ambiguity, the testator should clearly state their intention regarding the validity of previous wills. This can include explicit language in each will confirming that it is meant to complement, not revoke, any prior wills.

3. Avoid Contradictions: Ensure that the wills do not contain conflicting instructions. For example, do not allocate the same asset to different beneficiaries in different wills unless there is a clear plan for how this will be resolved.

4. Consider the Impact of Local Laws: Be aware of how local inheritance laws, such as forced heirship rules in Spain, may affect the distribution of assets. These laws can override the instructions in a will, so it is important to plan accordingly.

5. Review and Update Wills Regularly: Life circumstances, such as marriage, divorce, the birth of children, or the acquisition of new assets, can all affect your estate plan. It is essential to review and update your wills regularly to ensure they still reflect your wishes.

6. Keep Detailed Records: Maintain detailed records of all wills and relevant documents, and inform your executors or legal representatives about the existence of multiple wills. This will help avoid confusion during the probate process.

Conclusion: The Validity and Importance of Multiple Wills

In conclusion, it is entirely possible for a person to create multiple wills that are all legally valid, provided they are complementary, do not contradict each other, and are not expressly revoked by subsequent wills. This practice is particularly important in international contexts, where different legal systems govern different parts of an estate.

Understanding the legal framework surrounding multiple wills, including the relevant articles of the Civil Code and the role of judicial interpretation, is crucial for effective estate planning. Whether you are dealing with assets in multiple countries or simply want to ensure that different aspects of your estate are handled according to your wishes, multiple wills can be a powerful tool.

However, the creation of multiple wills requires careful planning and professional guidance to avoid potential pitfalls. By following the best practices outlined in this article and seeking expert advice, you can ensure that your estate is distributed smoothly and according to your wishes, regardless of where your assets are located.

For those dealing with complex estates or international assets, it is strongly recommended to work closely with legal professionals who specialize in cross-border inheritance. Their expertise can help navigate the complexities of multiple wills, ensuring that all legal requirements are met and that your estate plan is both comprehensive and legally sound.

“Is Your Will Putting Your Loved Ones at Risk? Discover the Hidden Dangers of Multiple Wills!”

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