Finnish nationals are increasingly present on the Costa Blanca, particularly in Calpe, Altea, Benidorm and Torrevieja. Inheritance for Finnish-Spanish cases combines two civil-law jurisdictions both party to EU Regulation 650/2012 — the legal framework is well-coordinated, but tax and forced heirship rules differ significantly.
Tomas Ballestero Lawyers handles Finnish-Spanish inheritance cases since the early 2000s. This page summarises the key differences for Finnish testators and heirs.
Applicable law: Finland and Regulation 650/2012
- Finland fully participates in Regulation 650/2012. Finnish courts apply it directly, and a Finnish national habitually resident in Spain can elect Finnish succession law for the entire estate under Article 22.
- Without an Article 22 election, Spanish succession law applies to a Finnish national habitually resident in Spain on death — including for assets located in Finland.
- The European Certificate of Succession is fully available between Finland and Spain.
Forced heirship comparison
- Finnish forced heirship (“lakiosa”): 1/2 of the statutory inheritance share for children — direct descendants only. Spouse has no forced heirship share, but does have certain protective rights (Pesätys: right to retain undivided estate).
- Spanish forced heirship (“legítima”): 2/3 for descendants in fixed proportions, with spouse usufruct on 1/3.
- Spanish rules tend to be more rigid in how the protected share is split among children. Finnish lakiosa allows more flexibility.
Inheritance tax: Perintövero vs Impuesto de Sucesiones
- Finnish Perintövero: progressive rates 7%-19% for direct family (Class I), 19%-33% for siblings/others (Class II). Tax-free threshold 20,000 €.
- Spanish ISD: 7.65%-34% national rates, with regional reductions. The Valencian community offers very substantial direct-family reductions.
- Finnish-Spanish bilateral inheritance tax treaty of 1958: still in force, prevents double taxation by allocating taxing rights based on situs of assets.
Practical scenarios
Scenario A — Finnish couple in Altea, Spanish will with Finnish law election
Finnish-born couple resident in Altea for 7 years. Spanish wills with explicit Article 22 election of Finnish law. On first death, Finnish succession rules govern the entire estate. Spanish notarial procedure for Spanish-situated villa. Finnish Perintövero filed in Finland with credit for Spanish ISD paid.
Scenario B — Finnish national deceased in Spain without will
Without testament, Spanish habitual residence triggers Spanish intestacy rules for worldwide estate. Children take 2/3 protected share under Spanish legítima — quite different from Finnish lakiosa’s 1/2.
Frequently asked questions
Is there a Finnish-Spanish double tax treaty for inheritance?
Yes — the 1958 Finland-Spain inheritance and gift tax treaty remains in force. Provides relief from double taxation.
Does my Finnish will need to be apostilled for Spain?
For Spanish notarial use yes. But the more efficient route is a separate Spanish will covering only Spanish assets — no apostille needed and faster probate.
Contact us
Tomas Ballestero Lawyers
Head office: Avenida del Pla 126, 2ª planta, 28A–28B, 03730 Javea / Xàbia (Alicante)
Valencia office: Calle Burriana 34, Valencia
Phone: +34 965 792 946
Mobile: +34 607 320 768
Email: [email protected]
