Canadian Citizen Died in Spain Without a Will

When a Canadian citizen dies without a will and leaves a property, a bank account or other assets in Spain, that part of the estate has to be dealt with in Spain, before a Spanish notary. Tomas Ballestero Lawyers handles the Spanish side for Canadian families, from our office in Jávea and our associated office in Dénia, on the Costa Blanca, in person or entirely by power of attorney.

Which lawWhich law decides who inherits?

Under the EU Succession Regulation (650/2012), which Spain applies whatever the nationality of the deceased, the starting point is the law of the country where the deceased was habitually resident at the time of death. If they lived in Spain, Spanish law will usually apply. If they lived in Canada, the position is more complex, particularly for property in Spain. We look at the facts first and tell you which route applies before anything is signed.

Questions about the estate in Canada, such as probate or Canadian tax, are for an adviser there. We deal with the Spanish side and coordinate with them where needed.

Step by stepHow the Spanish inheritance is handled

• CertificatesThe death certificate, apostilled and translated if issued abroad, and the certificate from the Spanish Registry of Last Wills confirming there is no Spanish will.
• Who the heirs areWhere Spanish law applies, a declaration of heirs before a Spanish notary. Where another law applies, the documents that prove who the heirs are under that law.
• Deed at the notaryThe acceptance and division of the estate in a Spanish notarial deed. The notary is impartial; we act for you.
• Tax and registrationSpanish inheritance tax and the municipal plusvalía, then the registration of the property in the heirs’ names at the Land Registry, and the release of the bank accounts.

The Spanish inheritance tax return must be filed within six months of the death; an extension can be requested within the first five months and is not automatic. Each heir needs an NIE, which is applied for in person, in Spain or at a Spanish consulate; it cannot be done by power of attorney.

From abroadYou do not have to travel to Spain

With a power of attorney, signed at a Spanish consulate or before a notary in Canada and then apostilled and translated, we handle the whole Spanish process on your behalf. We prepare the wording and send it to you ready to sign.

Frequently asked questions

Can the heirs sell the property afterwards?

Yes. Once the inheritance has been accepted and registered, the property can be sold. See selling an inherited property in Spain.

Are the Spanish bank accounts frozen?

The bank blocks the accounts when it is told of the death. They are released to the heirs once the inheritance documents and the tax have been dealt with.

Which languages do you work in?

English, French and Spanish. Every document is explained to you before you sign.

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 died without a will in Spain: what foreign heirs must do.

Tomas Ballestero Lawyers has advised international clients on Spanish property and inheritance for more than 30 years.

The lawyers who will handle your inheritance

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 meetIn 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 stepWhat 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.