does Spanish Law or English Law govern the succession to his estate?
Anthony Denney was an Englishman who had lived in Spain for many years. He died in 1990 and his Spanish will made his second wife Celia Mercedes Royde-Smith universal legatee, without prejudice to the rights that the children of his first marriage might have under his national law. The question was, were his children entitled to inherit part of the estate as obligatory heirs under Spanish Law? It took nine years to find out the answer. Anthony Denney’s three children by his first marriage challenged the widow’s claim to the estate in the Spanish Courts, claiming that under Spanish Law part belonged to them. Their grounds were that because English Private International Law refers to the law of Spain and Article 12.2 of the Spanish Civil Code accepted the renvoi, or reference back from English Law, therefore Spanish Law gave them compulsory rights to a part of the estate. However, Article 12.2 of the Civil Code is ambiguous and there were no judgments from the Supreme Court to provide gu
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- does Spanish Law or English Law govern the succession to his estate?