A British citizen resident in England owns several properties in Málaga. He dies intestate, leaving a brother. Which law applies to the succession?
Since the deceased did not make a choice of law, the applicable rules are those of his habitual residence (England). However, under English private international law, the succession of immovable property is governed by the law of the country where the property is located. Consequently, there is a renvoi back to Spanish law, meaning that the succession of his properties located in Alicante must be handled in accordance with the Spanish Civil Code and the criteria set out in Article 36 of the European Succession Regulation (ESR).
This means that, regarding his immovable property in Spain, the Spanish intestacy rules must be applied, following the order established in the Spanish Civil Code.
