Expert guidance on cross border inheritance spain from Tomas Ballestero Lawyers — with over 20 years of experience helping foreign nationals navigate the Spanish legal system from our office in Jávea, Costa Blanca.
Cross-border inheritance between Spain and foreign countries is among the most complex legal situations in Europe. When a deceased person leaves assets in Spain and another country, heirs must navigate two different legal and tax systems simultaneously.
The EU Succession Regulation
The EU Succession Regulation (No 650/2012) simplifies cross-border inheritances within the EU. The general rule is that the law of the deceased’s habitual residence at death applies. However, the deceased can choose their national law by including a professio juris clause in their will — a common choice for British nationals who resided in Spain.
Dual Procedures Required
Despite the EU Regulation, cross-border inheritances typically require parallel procedures:
- In the home country: probate or notarial proceedings for assets located there
- In Spain: acceptance of inheritance before a Spanish notary for Spanish assets
- Coordination between professionals in both countries for consistency
- European Certificate of Succession if needed
Avoiding Double Taxation
There is no inheritance tax treaty between Spain and the UK, Ireland, or most other countries. Heirs may be taxed in both jurisdictions on the same assets. However, tax credit mechanisms exist to mitigate this double charge. A lawyer with expertise in both systems can optimise declarations to minimise the overall tax burden.
The European Certificate of Succession
This certificate proves heir status across all EU countries, simplifying bank account access and property transfers without needing separate proof in each country.
Cross-Border Expertise
Our firm coordinates cross-border inheritances with solicitors and notaries throughout Europe. Over 30 years of experience.
Contact us: +34 965 792 946 · info@lawyerssolicitorsjavea.com · Inheritance lawyers Spain
Our expertise in cross-border succession law allows us to coordinate effectively with legal professionals in other jurisdictions, ensuring that the entire inheritance process is handled consistently and efficiently across all countries involved.
With deep expertise in both Spanish and EU succession law, our lawyers provide reliable guidance that helps foreign heirs resolve complex cross-border inheritance matters efficiently and cost-effectively.
Besoin d’aide pour une succession en Espagne ? Contactez nos Inheritance & Wills Lawyers pour une assistance juridique experte sur la Costa Blanca.
Inheritance Law for Expatriates in Costa Blanca
Inheritance matters in Spain can be complex, particularly for foreign nationals who may be subject to both Spanish succession law and the laws of their home country. Professional legal guidance is essential to navigate these cross-border issues effectively.
Our firm assists with the preparation of Spanish wills, the processing of inheritance acceptance, and the calculation and payment of succession duties. We work closely with lawyers in other jurisdictions to ensure a coordinated approach to international estates.
Planning Ahead
Having a Spanish will that covers your assets in Spain can significantly simplify the inheritance process for your beneficiaries and potentially reduce the associated costs and delays. Contact our office in Costa Blanca to discuss your estate planning needs.
