Inheriting Property in Spain as a UK Citizen

If you live in the United Kingdom and have inherited a property in Spain, the Spanish side of the inheritance is dealt with in Spain, before a Spanish notary and with Spanish inheritance tax. You do not have to travel: with a power of attorney we handle it for you, from the first documents to the property being registered in your name. This guide sets out what British heirs need and how the Spanish procedure works.

From the UKThe documents Spain will ask for

• Death certificateIf the death was in the UK, the certificate with an apostille from the FCDO Legalisation Office and a sworn translation into Spanish. If the death was in Spain, the Spanish certificate.
• The willA copy of the Spanish will if there is one. If there is only an English will, it has to be apostilled and translated, and the Spanish notary may also ask for the UK grant of probate.
• Certificate of last willsThe Spanish certificate that shows whether the deceased made a will in Spain. We apply for it.
• NIEEvery heir needs a Spanish foreigner’s identity number. It has to be applied for in person, at a Spanish consulate in the UK or in Spain; it cannot be obtained by power of attorney.

Step by stepThe Spanish procedure

Once the documents are ready, the heirs, or we for them under a power of attorney, sign the deed of acceptance of the inheritance before a Spanish notary. The Spanish inheritance tax and the municipal plusvalía are paid, the property is registered in the heirs’ names at the Land Registry and the Spanish bank accounts are released. If the estate may have debts, the inheritance can be accepted “a beneficio de inventario”, which limits the heirs’ liability to the value of what they inherit, or renounced.

Tax in SpainSpanish inheritance tax for British heirs

Spanish inheritance tax on the assets in Spain is filed in Spain within six months of the death; an extension can be requested within the first five months. In the Valencian Community close family members benefit from substantial reductions, and non-resident heirs, British heirs included, can generally apply the regional rules. We handle the Spanish filing and put the figures in writing before anything is signed. Tax in the United Kingdom is a matter for your UK adviser.

AfterwardsKeeping or selling the property

Once the property is registered in your name, you can keep it or sell it, also by power of attorney. As a non-resident seller, part of the price is withheld by the buyer on account of your Spanish tax; we deal with it as part of the sale. See selling inherited property in Spain.

Without travellingYou do not have to come to Spain

Apart from the NIE, the whole Spanish inheritance can be handled through a power of attorney, signed at a Spanish consulate in the United Kingdom or before a UK notary, then apostilled and translated. We draft the wording and send it to you ready to sign. Most of the British families we work for complete the Spanish side without travelling.

Questions

Has Brexit changed the Spanish inheritance?

No. British heirs inherit a property in Spain through the same Spanish procedure as before, and it can still be done by power of attorney.

Which law decides who inherits?

It depends on where the deceased lived and on whether they chose a law in their will. See our guide to inheritance in Spain and the UK.

And if there is no will?

The Spanish procedure is adapted to it. See dying without a will in Spain.

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, Dénia and Altea. See also our guide to probate in Spain and our guide to inheriting property in Spain as a non-resident.

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

Conveyancing, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Marital and Family Law · Valencia Bar no. 12075

Mariano Ortuño

Civil Law · Valencia Bar no. 6041

Manuel Lopez de Andujar

Inheritance, Conveyancing and Contract Law · Valencia Bar no. 7773

Juan Poch

Conveyancing, Inheritance and Matrimonial Law · Alicante Bar no. 3607

Ruben Bolufer Martinez – Junior Lawyer

Civil and Insurance

María Salvá

Inheritance, Conveyancing and Civil Law – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Inheritance, Conveyancing and Civil Law – 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.