Spanish inheritance law is based on forced heirship rules, which can come as a surprise to many foreigners used to more flexible estate planning systems. In Spain, you can’t freely leave everything to whomever you want — at least not without planning.
This article explains how inheritance rights work in Spain — especially for spouses, children, and foreign residents — and how to structure your estate legally.
⚖️ The Spanish Inheritance System: Forced Heirship
Under the Spanish Civil Code, a portion of your estate is reserved by law for certain heirs:
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These reserved shares are known as “la legĂtima”
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This system applies by default, unless you opt for the law of your nationality (more on that below)
👨‍👩‍👧‍👦 Who Are “Forced Heirs” in Spain?
If Spanish law applies, you must leave:
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Two-thirds of your estate to your children
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One-third shared equally (legĂtima estricta)
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One-third to favor a child (mejora), e.g., the caregiver
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If no children: to parents
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If no parents or children: your spouse or other relatives may inherit
Your spouse is not a forced heir under Spanish law but does receive a life interest (usufruct) over part of the estate.
💍 Spouse’s Inheritance Rights
If there are:
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Children → spouse receives usufruct of 1/3 of the estate
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Parents only → spouse receives usufruct of 1/2
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No heirs → spouse inherits everything (in absence of a will)
Usufruct gives the spouse the right to use assets (like a home) or receive income from them, but not to sell them outright.
You can increase your spouse’s share through a Spanish will if you opt for the law of your nationality (explained below).
🧾 Can Foreigners Choose Their National Law?
Yes — thanks to the EU Succession Regulation (Brussels IV).
If you’re a foreign national residing in Spain, you can state in your Spanish will that you want the law of your country of nationality to apply.
âś… This allows you to:
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Avoid forced heirship
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Leave your estate freely to your spouse or others
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Match your estate plan to the rules you’re familiar with
⚠️ But you must explicitly state this in a valid Spanish will, or Spanish law will apply by default.
đź“ś What Happens If You Die Without a Will in Spain?
If no will exists and Spanish law applies:
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Your estate is divided according to forced heirship
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Spouse may only get a limited usufruct share
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The process may be slow, costly, and confusing, especially for international families
That’s why drafting a Spanish will is highly recommended, even if you already have a will in your home country.
🏡 Inheritance of Property in Spain
If you own real estate in Spain, local inheritance rules will generally apply.
Common scenarios:
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Children inherit ownership
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Spouse retains usufruct (life use) of the property
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All beneficiaries must formally accept the inheritance, register the transfer, and pay Spanish inheritance tax
👉 Learn more: Property Inheritance & Gift Tax in Spain for Foreigners
🧠Special Considerations for Foreign Families
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Spanish inheritance law may differ drastically from your home country
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Blended families, stepchildren, or unmarried partners may be excluded under default rules
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Inheritance without a will can trigger complex international probate
✍️ How to Protect Your Family with a Spanish Will
Steps to safeguard your wishes:
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Draft a will before a Spanish notary
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Declare your national law if you want to bypass forced heirship
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Coordinate with foreign wills to avoid contradictions
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Plan for inheritance tax and property transfer costs
👩‍⚖️ How Borderless Lawyers Can Help
We help international clients:
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Draft legally valid Spanish wills
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Structure estates to minimize inheritance tax
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Secure full inheritance rights for spouses and children
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Handle cross-border probate and property transfers