Forced Heirship in Spain: How It Affects Foreign Wills

Spanish law reserves part of an estate for certain close relatives, whatever the will says. This is the legítima, or forced heirship. Whether it applies to a foreign owner depends on which law governs the succession, and that can often be decided in advance in a will. Tomas Ballestero Lawyers advises foreign owners and their families on the Spanish side, from our office in Jávea and our associated office in Dénia.

The rule What forced heirship means in Spain

Under the Spanish Civil Code, two thirds of the estate are reserved for the children and descendants; only the remaining third can be left freely. If there are no descendants, the parents have a reserved share. The surviving spouse has a right of usufruct over part of the estate. These shares apply only when Spanish law governs the succession.

Which law applies The EU Succession Regulation

Spain applies EU Regulation 650/2012 to every estate with assets in Spain, whatever the nationality of the deceased. As a rule, the law of the country where the deceased had their habitual residence at death governs the whole succession. A person can instead choose, in a will, the law of their nationality.

• Living abroadAn owner who lived outside Spain is usually governed by the law of the country where they lived, and Spanish forced heirship does not apply.
• Living in SpainAn owner who lived in Spain is governed by Spanish law, including forced heirship, unless they chose the law of their nationality in a will.
• The choice of lawThe choice has to be made expressly in a will. It can be made in a Spanish will or in a will made abroad.
• Each caseWe check the applicable law at the start of each matter, because it decides who inherits the Spanish property and what the notary will ask for.

Planning ahead A will that covers your Spanish assets

For many owners it makes sense to have a Spanish will for the assets in Spain, with the choice of law where it suits them, alongside their will at home. We prepare a Spanish will for clients whose purchase or inheritance we handle. The effect of the choice under the law of your own country is a matter for your adviser there.

Frequently asked questions

Does Spanish forced heirship apply to me?

Only if Spanish law governs your succession. That depends mainly on where you live at death and on whether you have chosen the law of your nationality in a will.

What happens if my will does not choose a law?

Then the law of the country where you had your habitual residence at death applies. If that is Spain, Spanish forced heirship applies.

Do you advise on the law of my country?

No. We are Spanish lawyers and we cover the Spanish side only. For the law and tax of your own country, please consult your adviser there.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. See also Spanish inheritance law for expats and Spanish inheritance lawyers for non-residents.

Tomas Ballestero Lawyers has advised international clients on Spanish property and inheritance for more than 30 years. We work in English, French or Spanish.

The lawyers who will handle your matter

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

Selling a property? See selling a property in Spain as a non-resident.

How we meet In person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next step What happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.