1. What law applies to the inheritance property in Spain?
Since the implementation of the European Succession Regulation (EU 650/2012), any UK citizen who resided in Spain or owned assets here may be subject to Spanish inheritance law by default—unless they have expressly chosen to apply their national law (e.g. English or Scottish law) in a valid will.
Spanish law imposes forced heirship rules, which can restrict how you distribute assets. Therefore, it’s strongly recommended to draft a will in Spain stating that UK law applies.
2. What documents do I need to accept an inheritance?
To accept an inheritance in Spain, heirs must gather and legalize the following documents:
– Death certificate (translated and apostilled)
– Spanish Last Will Certificate (if applicable)
– Valid will (Spanish or UK-based)
– European Certificate of Succession (if available)
– Property deed or land registry extract (nota simple)
– NIE (foreigner tax ID number)
– Passport or ID of the heir
– Proof of address (e.g. certificate of residence of the deceased)
3. Inheritance tax in Spain
Spain applies an Inheritance Tax (ISD), which varies by region. In the Valencian Community, for example:
– Direct heirs (children, grandchildren) receive a 75% tax reduction.
– Spouses also enjoy major deductions.
Non-residents are entitled to the same deductions as residents since 2015.
The tax must be filed within 6 months after the death (extensions possible). Delays can result in penalties and interest.
4. Signing the inheritance deed
After collecting all documents and paying taxes, the acceptance and distribution of the inheritance is formalized through a public deed before a Spanish notary.
This deed is then submitted to the Land Registry to officially transfer ownership to the heirs.
If the heirs are abroad, everything can be managed through a power of attorney.
5. Can I sell the inherited property?
Yes, once the inherited property in Spain is registered in your name, you can sell it.
– Municipal capital gains tax (plusvalía) will apply.
– Non-resident capital gains tax is 19% if there’s a profit.
Make sure all inheritance paperwork is complete before listing the property for sale.
6. Why hire a specialized inheritance property lawyer in Jávea, Costa Blanca and Valencia?
International inheritance property cases are complex. They involve multiple legal systems, languages, translations, tax rules, and notarized documents.
At Tomas Ballestero Lawyers:
– We assist in English and Spanish.
– We handle the full inheritance process remotely.
– We legalize and translate documents, pay taxes, and register ownership.
– We can also represent you during a property sale.
With over 30 years of experience, we help UK heirs inherit safely and efficiently in Spain.
Need help with an inheritance property lawyer in Spain?
Let our team guide you step-by-step through the process, with full legal guarantees and clear communication.
Tomas Ballestero Lawyers – International inheritance and property law in Spain. Contact us now!
