Inheritance: Spain vs UK — What Changes for British Owners and Heirs

If you are British and own property in Spain, or have inherited one, the Spanish rules are not the ones you know from home. This guide explains what changes on the Spanish side: who inherits, which law applies, how the Spanish procedure works and what you can do about it. We are Spanish lawyers, and we cover the Spanish side.

Who inheritsForced heirship and your choice of law

• With childrenWhere Spanish law applies, two thirds of the estate are reserved for the children and other descendants (the “legítima”): one third in equal shares, and one third that can be distributed among them unequally. The surviving spouse has a life interest over that second third. Only the last third can be left freely.
• Without childrenThe parents are entitled to half of the estate, or to one third if there is also a surviving spouse. The spouse has a life interest over half of the estate alongside the parents, or over two thirds if there are no children or parents.
• Your choiceA British national can choose, in a Spanish will, the law of their nationality to govern the succession. The Spanish property then follows that law instead of the Spanish reserved shares. The choice has to be stated expressly.

Which law appliesThe EU Succession Regulation and the UK

The United Kingdom has never taken part in EU Regulation 650/2012, but Spain applies it to every estate that includes Spanish property, whatever the nationality of the deceased. Without a choice of law, the succession is governed by the law of the last habitual residence: Spanish law for someone living in Spain. For someone living in the United Kingdom, British rules may still send the Spanish property back to Spanish law, because it is land situated in Spain, so it has to be checked case by case.

The Spanish procedureNo probate in Spain

Spain has no probate court. The heirs, or their representatives, sign the deed of acceptance of the inheritance before a Spanish notary, and the property is then registered in their names. With a Spanish will, this can start straight away. If there is only a UK will, it has to be apostilled and translated, and the Spanish notary may also ask for the UK grant of probate, which means waiting for it. That is why we advise British owners to have a separate Spanish will for their Spanish assets.

Tax in SpainSpanish inheritance tax

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 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.

From the UKYou do not have to come to Spain

Apart from the NIE, which has to be applied for in person, 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

Is my English will valid in Spain?

Yes. But without a Spanish will your heirs have to have it apostilled, translated and accepted in Spain, and often wait for the UK grant first. A Spanish will covering only your Spanish assets, drafted so that it does not revoke your English will, avoids that.

Do we need a UK solicitor for the Spanish side?

No. The Spanish steps are done in Spain, and we handle them directly. Anything in the United Kingdom is a matter for your UK solicitor.

Can we sell the inherited property from the UK?

Yes, once the inheritance is completed and the property is registered in the heirs’ names, also by power of attorney. As non-residents, part of the price is withheld by the buyer and paid to the Spanish tax office on account of the sellers’ tax; we deal with it as part of the sale.

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 the Spanish will versus the English will, 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

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

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.