Spain uses something called forced heirship.
It sounds dramatic, but it simply means the law decides where part of your estate must go.
For expats who own property in Tenerife, this can come as a surprise if you’re used to the freedom of writing a will however you like.
Fortunately, it’s not difficult to deal with once you understand the basics.
What Is Forced Heirship?
Under Spanish law, a large portion of your estate must go to your children.
Even if your will says something different.
The estate is normally divided into three parts:
- One third must be shared equally between your children
- One third can be given to one or more of your children
- One third can be left to anyone you choose
So in practice, two thirds of the estate is reserved for children unless you take steps to apply a different legal system.
For families with straightforward circumstances this might not matter much.
But for others, it can change things quite a bit.
How Expats Avoid Forced Heirship
The good news is that expats have a simple option.
Under an EU regulation known as Brussels IV, you can choose the inheritance law of your own country instead of Spanish law.
You just need to state this clearly in your will.
For example:
- British citizens can choose English law
- Irish citizens can choose Irish law
- Other nationalities can choose the law of their own country
Once that choice is written into the will, Spain will normally respect it.
Why This Matters for Tenerife Property Owners
If you don’t make a Spanish will choosing your national law, Spanish inheritance rules apply automatically.
Which means your Tenerife property might not pass to the person you expected.
This becomes especially important if you have:
- Children from previous relationships
- A second marriage
- A blended family
Without clear instructions, the result can be very different from what you intended.
The Simple Solution
The easiest solution is to make a Spanish will stating that your national law should apply.
It’s quick, inexpensive, and gives you full control over who inherits your Tenerife assets.
A small bit of planning now can save your family a lot of confusion later on.
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