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Grandparents, grandchildren, and the generation some wills leave out.

More families than one might expect, particularly among the international community living along the Costa Blanca, are asking a similar […]

Grandparents, grandchildren, and the generation some wills leave out.

Some families, often those living in the Costa Blanca, are questioning whether they can leave their inheritance directly to their grandchildren, bypassing their own children. The answer largely depends on the country's succession law. Under the European Union's Regulation 650-2012, the law that governs an estate is typically that of the person's last habitual residence unless they have explicitly chosen their nationality's law.

In Spain, for instance, Spanish succession law typically applies to those who have lived there for years. Spanish law does not allow a person to leave their entire estate to their grandchildren without also providing for their children. Under the Civil Code of Spain, an estate is divided into three equal thirds. The first third goes to the children, and the second to children or other descendants, which includes grandchildren.

This second third can be awarded entirely to a grandchild, even with their parent alive. The third portion, however, has no restrictions and can be directed to anyone, including grandchildren, children, or anyone else. If grandchildren are under 18, their inheritance will typically be managed by their parents. Therefore, while a person can leave up to two-thirds of their estate to their grandchildren under Spanish law, they must still provide for their children. It is crucial to consult with a legal expert to ensure that one's wishes are fulfilled accurately.

Written by urgent.news from Euro Weekly News's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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