In short: Spanish inheritance law can work in your favour as an expat — under the EU Succession Regulation you can choose the law of your nationality in your will, a Spanish will covering only your Spanish assets makes everything simpler for your family, and the whole process can be completed by power of attorney without travelling to Spain. Your first consultation is free.
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.
Phone: +34 607 320 768 | Email: [email protected]
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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.
Frequently asked questions
Why should I hire a lawyer in Spain?
The Spanish legal system differs significantly from other countries. At Tomas Ballestero Lawyers, our team provides expert legal advice in property, inheritance and family law for international clients, guiding you through every step in clear English or French.
What areas of law does Tomas Ballestero Lawyers cover?
We specialize in conveyancing and property law, inheritance and wills, and divorce and family law, together with construction litigation and urban planning matters linked to property. Our team serves English- and French-speaking clients throughout the Costa Blanca and Valencia region.
How can I contact Tomas Ballestero Lawyers?
You can contact us by phone at +34 965 792 946, by email at [email protected], or visit our office in Jávea, Costa Blanca. We offer initial consultations and can arrange video calls for clients who cannot visit in person.
Do you offer services in languages other than Spanish?
Yes, our team provides legal services in English, French, and Spanish. We understand the unique challenges faced by expatriates and international clients dealing with the Spanish legal system, and we ensure clear communication throughout your case.
What is the EU Succession Regulation and how does it affect me?
The EU Succession Regulation (Brussels IV) allows EU residents to choose whether the law of their nationality or their country of residence applies to their estate. This is particularly important for expats in Spain, as it can affect how your assets are distributed after death. We advise on the right election for your circumstances and reflect it in your Spanish will.
