If you own property in Spain or are resident here, Spanish inheritance law will affect you and your family. The rules are significantly different from the UK, Netherlands, or France.
Which Law Applies to Your Inheritance?
Under EU Regulation 650/2012 (Brussels IV), the law of your country of habitual residence at death applies by default. If you live in Spain, Spanish law applies to all your worldwide assets — unless you choose your national law in your will. This choice must be expressly stated.
Forced Heirship (Legítima)
Under Spanish law (Código Civil): one-third (legítima estricta) must go equally to children, one-third (mejora) must go to children but can be unequal, and one-third (libre disposición) you can leave freely. Very different from English law where you choose freely, or Dutch law with its own system.
The Importance of Making a Spanish Will
A separate Spanish will covering Spanish assets makes administration much faster and simpler for heirs. Without one, heirs must locate, translate, and apostille a foreign will — taking many months.
Dying Without a Will
Spanish intestacy rules apply: estate passes to children, then parents, then spouse, then siblings. The surviving spouse gets usufruct rights but not full ownership — creating complicated situations.
EU Regulation 650/2012 and Non-EU Nationals
Applies to anyone dying resident in an EU state regardless of nationality. British nationals (post-Brexit) can still choose English, Welsh, Scottish, or Northern Irish law in their Spanish will.
Practical Steps
Make a Spanish will, include choice of law clause, ensure it does not revoke your home-country will, review regularly after life changes, and seek specialist legal advice on cross-border inheritance issues.
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Disclaimer: This article is provided for general informational purposes only and does not constitute legal, tax, or financial advice. Tax laws and regulations are subject to change and may vary depending on individual circumstances. No solicitor-client relationship is created by reading this article. For advice specific to your situation, please contact a qualified legal professional. Tomas Ballestero Lawyers accepts no liability for actions taken based on the information contained herein.
Need expert guidance on Spanish inheritance law? Our experienced inheritance lawyers in Spain offer a free initial consultation. Call +34 965 792 946.