Irish Inheritance in Spain: A Guide for Irish Families

Irish families own a great many homes on the Costa Blanca, in Jávea, Moraira, Benitachell and Dénia. When one of them dies, or when they plan ahead, the Irish and Spanish systems meet, and they do not work the same way. The good news is that, with the right Spanish will, an Irish owner can keep the freedom Irish law gives them over their Spanish property.

Which law appliesIreland and the EU Succession Regulation

Ireland does not take part in EU Regulation 650/2012 on succession. Spain does, and Spanish notaries and registries apply the Regulation to every estate that includes Spanish property, whatever the nationality of the deceased. In practice this has two consequences for Irish owners.

• You can choose Irish lawAn Irish national can state in a Spanish will that Irish law governs their succession (Article 22 of the Regulation). Spain will respect that choice, including for the Spanish property.
• Without that choice, Spanish law can applyIf there is no choice of law, the law of the last habitual residence applies. For someone living in Spain, that is Spanish law. For someone living in Ireland, Irish rules may still send the Spanish property back to Spanish law, because Irish law looks to the country where land is situated.

Because Ireland is outside the Regulation, an Irish court or authority cannot issue a European Certificate of Succession. The Spanish side is built on Irish documents instead, such as the Grant of Probate.

Forced heirshipWhy the choice matters

Spanish law reserves a large part of an estate for certain relatives (the “legítima”). Where there are children, two thirds of the estate is reserved for them, and a surviving spouse has a life interest in part of it. A will cannot simply leave everything to the spouse.

Irish law works differently. It gives a surviving spouse a legal right share (one third if there are children, one half if there are none) and leaves the rest largely to the will, subject to the court’s power under section 117 of the Succession Act 1965 to provide for a child. For many Irish couples, choosing Irish law in a Spanish will is what lets the survivor keep the Spanish home.

Planning aheadA Spanish will for an Irish owner

• Choice of Irish lawThe will can state that Irish law governs your succession, so that the Spanish property follows the same rules as the rest of your estate.
• Works alongside your Irish willA Spanish will drafted for Spanish assets only sits alongside your Irish will without revoking it. Both have to be drafted with each other in mind.
• Simpler for your familyA will signed before a Spanish notary is registered in Spain, and the heirs do not need to wait for an Irish grant before the Spanish side can move.
• One will eachSpanish law does not allow a couple to make a joint will. Each spouse signs their own, and the two are drafted to mirror each other.

ExamplesSituations we see

• A Dublin couple with a villa in MorairaBoth live in Ireland. They each sign a Spanish will choosing Irish law. When the first dies, the survivor receives the Spanish property as the wills provide.
• An Irish widow who has moved to JáveaShe now lives in Spain, so without a choice of law Spanish law would govern her whole estate. Her Spanish will chooses Irish law, and her children in Ireland inherit as she intended.
• An Irish owner who dies without a Spanish willThe family has to establish which law applies before anything else, and the process is longer and less certain. It can still be done, from Ireland, by power of attorney.

The Spanish sideWhat is needed after a death

• The Irish death certificate, apostilled by the Department of Foreign Affairs, with a sworn translation.
• The Irish Grant of Probate or Letters of Administration, apostilled, with a sworn translation.
• The Spanish certificate of last wills (Certificado de Últimas Voluntades).
• A NIE for each heir who does not already have one.
• The deed of acceptance and division of the inheritance before a Spanish notary.
• Spanish inheritance tax, filed within six months of the death.
• Registration of the property in the heirs’ names at the Land Registry.

From abroadYou do not have to come to Spain

The deed, the tax filing and the registration can all be handled by power of attorney signed in Ireland. Most of the Irish families we work for complete the Spanish side without travelling.

Questions

My Irish will leaves everything to my spouse. Does that cover my Spanish villa?

Not necessarily. Without a choice of Irish law, Spanish forced heirship rules may give your children a protected share of the Spanish property. A Spanish will choosing Irish law is the safest way to make sure your wishes apply to it.

Can my spouse and I sign one will together?

No. Spanish law does not allow joint wills. Each of you signs your own Spanish will, and they can mirror each other.

Do I still need my Irish will?

Yes. The Spanish will deals with your Spanish property; your Irish will deals with everything else. For clients whose purchase or inheritance we handle, we draft the Spanish will so that it does not interfere with the Irish one, and we work alongside your solicitor in Ireland where needed.

How we work

We act from our office in Jávea and through our associated office in Dénia, across the north Costa Blanca: Jávea, Moraira, Teulada, Benitachell, Benissa and Dénia. We are Spanish lawyers and we cover the Spanish side; on the Irish side we work alongside your solicitor in Ireland. For the full picture, see our Spanish inheritance and wills services.

Tomas Ballestero Lawyers has been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

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

Co-owners after the inheritance? See buying out a co-owner or selling your share.

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 inheritance 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 estate is different and you should take advice on your own circumstances before acting.