Inheritance law in Spain often comes as a surprise to foreign nationals. Many assume that a will made in their home country automatically applies to their Spanish assets. In practice, Spanish succession law can override those expectations if proper planning has not been carried out.
Spain applies forced heirship rules, meaning that part of the estate must pass to certain heirs, regardless of personal wishes. This frequently causes delays, disputes, and unexpected tax liabilities for families.
Practical examples:
- British owner in Jávea
A UK national leaves his Spanish villa to his partner, but has children from a previous marriage. Spanish law entitles the children to a reserved portion, creating a legal conflict despite the UK will. - French resident with no Spanish will
After death, heirs face delays due to translations, apostilles, and the need to apply French law through Spanish notaries. - Mixed-nationality family
One spouse is Spanish, the other Dutch. Without legal planning, forced heirship rules apply differently to each part of the estate. - Property inherited by multiple siblings
Lack of agreement between heirs prevents sale or use of the property, leading to ongoing costs and disputes. - Late tax filing
Heirs miss the inheritance tax deadline and incur penalties and interest, even though the delay was unintentional.
Proper legal advice ensures the inheritance is structured correctly and efficiently.
