Expert guidance on forced heirship spain affects 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.
Forced heirship in Spain is a legal concept that can significantly affect how a foreign resident’s estate is distributed after death. Spanish succession law reserves a mandatory portion of the estate — known as the legítima — for certain close relatives, regardless of what the will states. For foreign nationals living in or owning property in Spain, understanding these rules is critical.
What Is Forced Heirship Under Spanish Law?
Under the Spanish Civil Code, forced heirship requires that a fixed portion of the deceased’s estate must pass to specific heirs, typically children and descendants. In most of Spain, this reserved portion is two-thirds of the estate. The testator can only freely dispose of one-third. This contrasts sharply with legal systems in countries like the UK, where testators have full freedom to distribute their estate as they wish.
How the EU Succession Regulation Affects Foreign Wills
The EU Succession Regulation (Brussels IV) allows foreign nationals to choose the law of their nationality to govern their entire estate. This means a British citizen living in Spain can elect for English law to apply, avoiding Spanish forced heirship rules. However, this election must be explicitly stated in the will to be valid.
Risks of Not Planning Ahead
If a foreign resident dies without a valid Spanish will or without electing their national law, Spanish forced heirship rules may apply by default. This could override the intentions expressed in a will made in another country, leading to disputes among family members and unexpected distributions of assets.
Protecting Your Estate Planning
To ensure your wishes are respected, it is advisable to make a Spanish will that specifically covers your assets in Spain. This will should include a clear election of your national law under the EU Succession Regulation if you wish to avoid forced heirship. Working with a lawyer who understands both Spanish and international succession law is essential.
Speak with our succession lawyers at +34 965 792 946 or email info@lawyerssolicitorsjavea.com. Visit our inheritance services page for more information.
Need help with inheritance or probate matters in Spain? Contact our Inheritance & Wills Lawyers for expert legal assistance on the 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.
