We are dealing with an estate with both Spanish and English assets. The testatrix was resident in Spain at the time of her death. She had a 2007 will dealing with worldwide assets (containing a revocation clause), a 2014 Spanish will dealing with Spanish assets only (no revocation clause) and a 2019 homemade codicil to the 2007 will (with no revocation clause and confirming all provisions of the 2007 will are to remain unchanged other than an amendment of executors). By republishing and re-dating the 2007 will, does the 2019 codicil revoke the Spanish will due to the revocation clause in the 2007 will?
Our research so far has provided differing conclusions. Some has suggested that the Spanish will is not automatically revoked unless there is clear evidence that the testatrix had intended to do so if the two are compatible. Conversely, we have also found a suggestion that the Spanish will would be revoked in the absence of explicit preservation of the Spanish will. Note that the wills are compatible with one another in that they can be executed side by side but that the codicil does not refer to the Spanish will. The testatrix had not intended to revoke the Spanish will according to the husband. There are no children to the marriage.
Thank you in advance for your thoughts.