We were instructed by P's deputy in relation to P's cross-border estate. P was an elderly widower who held assets, both movable and immovable, in England and Spain. He had made a UK will and a Spanish will. The Spanish will dealt only with his Spanish assets and left them to two of P's four children.
P wanted to marry again, which would revoke his English will, and P was considered not to have the capacity to make a new will. P's deputy sought advice from us on the effects of the proposed marriage on the Spanish will. The deputy was planning to make an application to the Court of Protection to order a statutory Will to be made on P's behalf. However, a statutory will is restricted from dealing with immovable property abroad, so it had to be established whether the Spanish Will would continue in effect after the marriage, or whether Spanish intestacy provisions would apply to govern the devolution of the Spanish estate.
Our advice involved looking at the current private international law position and the effect of the changes that the EU Succession Regulation would bring in when it came in to effect in August 2015.