Spanish inheritance law
Spanish inheritance law is one of the most misunderstood areas of Spanish legal practice, especially for foreigners and non-residents. Many people assume they can freely decide who inherits their assets, only to discover that Spain has strict, rule-based succession laws that can override personal wishes.
Whether you are inheriting property in Spain, planning your estate, or trying to understand what happens when someone dies, this guide explains how Spanish inheritance law works, who inherits, how property is treated, and why legal advice is often essential.
What Is Spanish Inheritance Law?
Spanish inheritance law governs how a person’s estate is distributed when they die. It applies to:
- Spanish residents
- Non-residents with assets in Spain
- Foreign heirs inheriting Spanish property
Unlike common-law systems (such as the UK or US), Spanish law is based on a civil law system, meaning inheritance is largely dictated by statute rather than personal discretion.
This system prioritises family protection, particularly children and spouses, through mandatory inheritance rights.
Core Principles of Spanish Inheritance Law
Spanish inheritance law is built around several key principles:
1. Forced Heirship
Certain relatives are legally entitled to inherit a minimum share of the estate, regardless of what a will says.
2. Universal Succession
Heirs inherit both assets and liabilities, meaning debts can pass along with property unless inheritance is accepted with limits.
3. Formal Acceptance
Inheritance must be formally accepted before a Spanish notary — it is not automatic.
These principles shape all inheritance outcomes in Spain.
Who Inherits Under Spanish Law?
One of the most common questions is who inherits under Spanish law.
Forced Heirs in Spain
Spanish law recognises the following forced heirs:
- Children and descendants
- Parents and ascendants (if there are no children)
- Spouse (entitled to usufruct rights, not ownership)
Children have the strongest protection under Spanish inheritance law.
Spanish Inheritance Law and Children
Children are entitled to a significant portion of the estate:
- Two-thirds of the estate is reserved for children
- One third is the legítima estricta (fixed share)
- One third can be distributed among children as the testator chooses
This means you cannot disinherit children freely under Spanish law.
Spanish Inheritance Law for Spouses
Spouses do not automatically inherit ownership in the same way children do. Instead, they typically receive:
- Usufruct rights (the right to use or benefit from assets)
The exact entitlement depends on:
- Whether there are children
- Regional civil law
- Matrimonial property regime
This often surprises foreign spouses.
Spanish Inheritance Law for Non-Residents and Foreigners
Spanish inheritance law can apply to non-residents and foreigners who own assets in Spain.
However, under the EU Succession Regulation, many foreigners can elect for the inheritance law of their nationality to apply — but only if this is clearly stated in a valid will.
Without this election:
- Spanish forced heirship rules apply
- Spanish probate procedures apply
This is a critical planning issue for non-residents.
What Happens If There Is No Will in Spain?
If someone dies without a will, Spanish intestacy rules apply automatically.
Intestate Succession Order
- Children
- Parents
- Spouse
- Siblings
- More distant relatives
No flexibility exists, and the process is usually slower and more expensive. In almost all intestate cases, a Spanish inheritance lawyer is required.
Spanish Inheritance Law and Property
Spanish inheritance law treats property as part of the estate, whether the deceased was resident or not.
To inherit Spanish property, heirs must:
- Obtain official death documentation
- Execute a deed of inheritance before a notary
- Register the property in the Land Registry
- Pay inheritance tax
Until this process is completed, the property cannot be sold or transferred.
Spanish Inheritance Tax Law
Spanish inheritance tax law is complex and varies significantly by region.
Key Factors Affecting Tax
- Region where the deceased was resident
- Relationship between heir and deceased
- Value of inherited assets
Some regions offer substantial reductions, while others do not. There is no single national rate, and online calculators provide estimates only.
Spanish Inheritance Law Without a Will
Dying without a will often leads to:
- Delays in probate
- Higher legal costs
- Forced asset distribution
- Increased risk of disputes
Spanish inheritance law without a will leaves heirs with no ability to alter outcomes, regardless of personal circumstances.
Do You Need a Lawyer Under Spanish Inheritance Law?
While Spanish law does not always require a lawyer, in practice legal representation is strongly advised.
You typically need a lawyer if:
- The estate includes Spanish property
- The deceased was a non-resident
- There is no will
- Multiple heirs are involved
- Tax planning is required
A lawyer ensures Spanish inheritance law is applied correctly and efficiently.
What Is an Inheritance Lawyer in Spain?
An inheritance lawyer in Spain handles:
- Probate procedures
- Interpretation of Spanish inheritance law
- Inheritance tax compliance
- Property registration
- Disputes between heirs
This role is essential when Spanish assets are involved.
Regional Differences in Spanish Inheritance Law
Spain has autonomous regions with their own civil law variations, including:
- Catalonia
- Basque Country
- Galicia
- Balearic Islands
These regions may alter:
- Forced heirship percentages
- Spousal rights
- Tax reductions
Understanding regional law is crucial.
Common Mistakes Under Spanish Inheritance Law
- Assuming foreign wills override Spanish law
- Not planning for forced heirship
- Ignoring inheritance tax exposure
- Failing to register inherited property
- Accepting inheritance without assessing debts
Each mistake can result in serious financial consequences.
Planning Ahead Under Spanish Inheritance Law
Effective planning may include:
- Drafting a Spanish will
- Electing applicable foreign law where permitted
- Structuring property ownership
- Reviewing tax exposure
Early planning provides clarity and prevents disputes.
Final Thoughts on Spanish Inheritance Law
Spanish inheritance law is structured, protective, and unforgiving of assumptions. It prioritises family rights over personal freedom and applies to residents and non-residents alike.
Understanding how the law works — or obtaining proper legal guidance — can prevent delays, disputes, and unnecessary costs. If Spanish assets are involved, informed planning is not optional; it is essential.
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