Lessons from the Denney Collection : 7

The will is used to obtain a Declaration of Inheritance on the Spanish Castle : the pictures now in France are not declared as being in the Denney estate...

Four and a half months after Denney’s death, his widow obtained an affidavit, signed by an English solicitor in Madrid, and duly witnessed by the British ViceConsul on 20 September 1990.

Castle of Salvatierra de los Barros : Castillo de Salvatierra de los Barros

Castle of Salvatierra de los Barros - sole item mentioned in Spanish Declaration of Inheritance made by widow

This affidavit certified that:

English Law does not contemplate the system of forced heirs in matters of inheritance and according to English Law there is freedom to testate.(32)
accompanying this declaration is a copy of the Spanish will of Mr. John Anthony Denney, of English Nationality and, with reference to the second clause of the said testament, according to his national law, which is English Law, he has complete liberty to testate.(33)

Castle of Salvatierra de los Barros : Castillo de Salvatierra de los Barros : Extremadura : Spain : Espana

Evidently the writer was either unaware of the following two well known rules of English Private International Law, or feels justified in discounting their applicablility in the case of Anthony Denney:

"The material or essential validity of a will of movables or of any particular gift of movables contained therein is governed by the law of the testator’s domicile at the time of his death"(34)
"The material or essential validity of a will of immovables or of any particular gift of immovables therein is governed by the law of the country where the immovables are situated (lex situs)".(35)

Denney’s widow presented the will to the Spanish authorities, with the affidavit attached, and in due course obtained a declaration of inheritance (36). The castle was declared as the sole property in the estate: no mention was made of the pictures. The value of the castle was declared as its ratable value (37) and tax was paid on its transfer from Denney’s estate to the Widow. (38)

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Section 6 - Index - Section 8

Section 7 : References

32 This is fine as far as it goes within the limited context of an Englishman who is domiciled in England. However as far as an Englishman domiciled in Spain is concerned, the relevant rules of English Private International Law apply (Law of the place for immovables, Law of the country of domicile for the movables).

33 This would be correct if it could be shown that in the event of a referral to the Law of the testator’s nationality by the Spanish Court, hence to English Law, an English Judge did not apply the relevant rules of English Private International Law.

34 Rule 139 page 1034 Dicey & Morris The Conflict of Laws Edition XIIl Vol 2 1993

35 Rule 140 page 1037 Dicey & Morris The Conflict of Laws Edition XIIl Vol 2 1993

36 In theory transfer of ownership would require the agreement of the heirs because they were mentioned in the will before the transfer could be registered in the land registry. How this problem was overcome is not known.

37 Circa £80,000.

38 In France she would later present herself as "owner of the mediaeval castle of BADAJOZ", with the gloss that this meant that she had absolute title to Anthony Denney’s entire estate, including the pictures.

Section 6 - Index - Section 8

Paper presented for discussion at the Institute of Art and Law Seminar on Art Loans and Exhibitions, at the Courtauld Institute, London, May 13 1996

Version 2.2 May 23 1999 antonya@antonya.ace.co.uk

Lessons from the Denney Collection : 7

Section 6 - Index - Section 8

Section 7 : References

Section 6 - Index - Section 8

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