Inheritance in Spain
Inheriting in Spain when the family lives abroad, or the deceased was not Spanish
A parent has left a flat on the coast, you are the heir of someone who lived in Spain, or you live here and want your will in order. The first question is always which law decides who inherits, and the answer is usually the law of the country where the deceased lived. I tell you which law applies, what has to be done in Spain and what it costs, and I handle the Spanish side without you having to travel.
Saúl Rosell Manglano · Inheritance in Spain · Madrid · ICAM 83.198
1 law
For deaths since 17 August 2015, as a rule a single law governs the whole inheritance: that of the country where the deceased lived, unless their will chose the law of their nationality.
6 months
To file the Spanish inheritance tax, counted from the date of death. An extension can be requested within the first five months.
No travel
You can sign a power of attorney before a notary in your country or at a Spanish consulate, and I handle the notary, the tax and the land registry here.
The law of another country, always with a lawyer from there
I am a Spanish lawyer and I advise on Spanish law, including the European rules that Spain applies to inheritances. When part of the case depends on the law of another country, for example because the deceased chose it in their will, or because there are assets or taxes there, I do not advise on that law on my own: I work together with a lawyer from that country, yours if you already have one. Before we start, I tell you who that lawyer is and what each of us will do.
Where to start
Which law applies
The country where the deceased lived, the choice of the law of their nationality, wills made abroad and the European Certificate of Succession.
Inheriting property in Spain, step by step
Certificates, NIE, the notary, the tax, the land registry and the bank, without having to travel.
Inheritance tax in Spain
What non-residents pay, the regional allowances, the six-month deadline and selling the inherited home.
Making a will in Spain
Spanish forced heirship, choosing the law of your country and keeping two wills from cancelling each other.
Heirs who disagree
An heir who will not sign or does not answer, and the house that one wants to keep and another wants to sell.
Three questions with different answers
Which law decides who inherits and how much, which country's authorities deal with the estate, and where the taxes are paid are three different questions. They do not always have the same answer.
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The law: as a rule, that of the country where the deceased had their habitual residence when they died, unless their will chose the law of their nationality. It governs the whole estate, wherever the assets are.
The authorities: in principle, those of the country where the deceased lived. If they lived in Spain, the Spanish courts can deal with the whole estate and, if the heirs agree, it can all be done before a Spanish notary. If the deceased chose the law of another EU country, the Spanish court may leave the case to the courts of that country.
The taxes go their own way: Spain taxes according to where the deceased lived, where the heirs live and where the assets are. Your country may also tax the inheritance under its own rules.
Who I help
Families who live abroad and inherit a home, a bank account or other assets in Spain.
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The heirs of a foreigner who lived in Spain, wherever those heirs live.
Foreigners who live in Spain, or own property here, and want a Spanish will that fits their situation.
Heirs who do not agree on how to divide what there is in Spain.
What I do
I tell you which law applies and which documents your case needs, in the right order, before you start asking for them.
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I prepare the declaration of heirs or the deed of acceptance and division before a Spanish notary, file the inheritance tax, have the properties registered in your name and deal with the banks.
If the heirs disagree, I try to reach an agreement first. If there is none and Spanish law governs the inheritance, there are ways to divide it without the signature of the heir who blocks it, and I use them. If another law governs it, that law decides how it is divided, and I work with a lawyer from that country.
Fees, and paying from abroad
Before I start, I send you a written quote by stages, free of charge. The notary and the land registry charge according to official scales, and the tax depends on the region, the relationship and the value of what is inherited.
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You can pay from abroad by international bank transfer or by card, and I issue an invoice for every payment.
How we will understand each other
I work in Spanish. With clients abroad I use translation tools to read and answer messages, and we manage well that way. The documents Spain needs from your country go with a sworn translation where required, and I tell you which ones before you ask for them. If you write to me in English, I will answer you.
Questions I am often asked
Which law applies to the inheritance of a foreigner who lived in Spain?
If they died on or after 17 August 2015, normally Spanish law, to the whole estate, including what they had in their own country. The exception is a will in which they chose the law of their nationality, or a will made under that law before 17 August 2015. If they died before that date, Spain applied, in principle, the law of their nationality. Within Spanish law, the law of the region where they lived applies: the Civil Code in Madrid, Andalusia or the Valencia region, Catalan law in Catalonia and the law of their island in the Balearics.
Do I have to travel to Spain?
No. You can give a power of attorney before a notary in your country or at the Spanish consulate, with an apostille and translation where needed, and I handle the notary, the tax and the land registry here. You will need an NIE, the identification number Spain gives foreigners.
Is a will made in my country valid in Spain?
Normally yes, if it was made in the form required by the law of the place where it was signed, or by the law of the nationality or residence of the person who made it. To use it here you need an official copy with an apostille, unless an exception applies, and a translation. Be careful: a later will, in Spain or abroad, may have revoked it.
I live abroad. Do I pay inheritance tax in Spain?
Yes, for what you inherit that is in Spain, such as a flat or an account at a Spanish bank. It is normally filed with the State Tax Agency within six months of the death, and you can apply the allowances of the region where the deceased lived or, if they lived abroad, of the region where most of their Spanish assets are. In Madrid, for example, children and spouses have a 99% allowance. The allowances have to be chosen when filing: once the deadline has passed, the tax office does not let you change.
Can you advise me on the law of my country?
Not on my own. I advise on Spanish law and on the European rules Spain applies to inheritances. When the law of your country matters, I work together with a lawyer from your country, and before we start I tell you who that lawyer is and what each of us will do.
An inheritance with something in Spain?
Tell me where the deceased lived, their nationality and what they owned in Spain. I will tell you which law applies and what has to be done here, and send you a written quote, free of charge.
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