Spain uses a legal system called “forced heirship,” which means you cannot leave all your assets to anyone you choose unless you take specific steps. This is especially important for expats who own property in Tenerife. Here’s how it works in simple terms.
What Is Forced Heirship?
Under Spanish law, a portion of your estate must go to your children, whether you want that or not. This applies by default to foreign residents unless they opt out using a will.
The estate is split into three parts:
- 1/3 Mandatory: must be divided equally among children
- 1/3 Flexible: can be given to one or more children
- 1/3 Free: can be left to anyone
This means two-thirds of your estate is reserved for children unless you make special arrangements.
How Expats Can Avoid Forced Heirship
You can avoid these rules by writing a will in Spain that states you want your home country’s inheritance law to apply. This is allowed under EU regulation “Brussels IV.”
For example:
- British citizens can choose English law
- Irish citizens can choose Irish law
- Other nationals can choose the law of their nationality
Why Forced Heirship Matters in Tenerife
If you don’t make a Spanish will choosing your home country’s law, your Tenerife property might not go to the person you want — especially if you have children from a previous relationship.
The Simple Solution
Make a Spanish will choosing your national law. This gives you full control and prevents disputes.
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