Expert guidance on inheritance spain foreigners need 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.
Inheritance in Spain is a subject that every foreign resident and property owner should understand. Spanish succession law differs significantly from the legal systems in many other countries, and failing to plan ahead can result in unexpected tax bills, family disputes, and lengthy legal proceedings. This guide covers the essential information that foreigners need to know.
Who Inherits Under Spanish Law?
If Spanish law applies to the succession, the estate is distributed according to the rules of forced heirship (legítima). This means that a fixed portion of the estate — typically two-thirds — is reserved for the deceased’s children and descendants. The remaining third can be freely distributed according to the will. However, foreign nationals can elect the law of their nationality under the EU Succession Regulation to avoid these restrictions.
The Importance of Making a Spanish Will
Having a Spanish will is strongly recommended for anyone who owns assets in Spain. A Spanish will ensures that your wishes for your Spanish assets are clearly documented and easily accessible to your heirs. It avoids the need to apostille and translate a foreign will, which can add months to the inheritance process and increase costs significantly.
Understanding Spanish Inheritance Tax
Inheritance tax in Spain is paid by the beneficiary, not the estate. The amount depends on the value of the inherited assets, the relationship between the heir and the deceased, and the autonomous community where the assets are located. The Valencia Community offers specific reductions for close family members. Non-residents are entitled to the same regional benefits as residents following an EU ruling.
The Inheritance Process Step by Step
The process involves obtaining death and wills certificates, locating the will, preparing a deed of acceptance before a notary, paying inheritance tax within six months, and registering inherited property at the Land Registry. Each step has specific documentary requirements and deadlines. An experienced inheritance lawyer manages the entire process on your behalf.
For guidance on inheritance matters in Spain, call +34 965 792 946 or email info@lawyerssolicitorsjavea.com. See our full inheritance services.
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.
