Inheritance and Wills in Spain – What Expats Need to Know

If you own property in Spain or are planning to move here, it’s essential to understand how inheritance laws work—and how creating a Spanish will can protect your loved ones from complications down the line.

Spanish inheritance law is very different from that in the UK or other countries. Without proper planning, your estate could be distributed in ways you didn’t intend—or cause significant stress and expense for your heirs.

Here’s what you need to know.

⚖️ Spanish Inheritance Law – The Basics

Spain has a civil law system which includes a concept called “forced heirship”. This means certain relatives (usually children and spouses) are legally entitled to fixed portions of your estate, regardless of your wishes.

Under Spanish law:

  • Two-thirds of your estate must be reserved for your children or direct descendants.
  • One-third can be freely distributed (including to your spouse, other children, or others).
  • If you have no children, your spouse or parents may become the legal heirs.

This can override a foreign will unless specific steps are taken.

🌍 EU Regulation 650/2012 – Choose Your Own National Law

Thanks to EU Regulation 650/2012, British nationals (and other non-Spaniards) who are residents or property owners in Spain can choose for their own national inheritance law to apply—rather than the Spanish default system.

To do this, you must explicitly state in your Spanish will that you wish your estate to be governed by UK law (or your home country’s law).

This is especially important for:

  • British citizens who want to leave assets to their spouse
  • Blended families or step-children
  • Anyone wishing to distribute their estate differently than the Spanish default

🖊️ Why You Should Make a Spanish Will

Even if you already have a will in the UK, making a separate Spanish will can greatly simplify matters for your heirs.

Benefits include:

  • Avoiding delays and legal confusion after your death
  • Clear guidance for Spanish notaries and legal authorities
  • Ensuring your estate is distributed according to your wishes
  • Potentially reducing tax liabilities and legal fees

Spanish wills should be signed in front of a Spanish notary and registered with the Central Wills Registry in Madrid.

💸 Inheritance Tax in Spain (Impuesto de Sucesiones)

Inheritance tax is payable in Spain by the beneficiaries (not the estate), and the rates vary depending on:

  • The relationship between the deceased and the heir
  • The value of the inheritance
  • The region where the property is located (Andalucía offers generous exemptions)

In Andalucía, spouses and children often pay little or no tax on inheritances due to regional allowances. However, non-residents or distant relatives may face higher rates.

Planning ahead can help reduce tax burdens and ensure your estate is passed on efficiently.

🏠 Property Owners Take Note

If you own a property in Spain, having a Spanish will in place is highly recommended. It makes the inheritance process smoother, especially when dealing with:

  • Land registry updates
  • Inheritance tax declarations
  • Utility and community changes
  • Bank account access for beneficiaries

🤝 How Medimar Homes Can Help

At Medimar Homes, we always advise our clients to seek professional legal advice regarding inheritance and wills when purchasing property in Spain. We can connect you with trusted lawyers and notaries who specialise in expat estate planning—ensuring your legacy is protected and your family is looked after.

Disclaimer: The information provided by Medimar Homes on our website, www.medimarhomes.com, is intended for general informational purposes only. All content is shared in good faith and based on sources believed to be accurate at the time of publication. While we make every effort to ensure the information on our website is up to date and correct, Medimar Homes does not guarantee its accuracy or completeness and reserves the right to modify or update content without prior notice.

Medimar Homes makes no representations or warranties, express or implied, regarding the accuracy, adequacy, reliability, availability, or completeness of any information featured on this website or any associated mobile applications, including links to third-party websites.

Users should not rely solely on the information provided here and are strongly advised to seek independent legal or financial advice before taking any action based on the website’s content.

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