Inheritance and Wills in Spain: Guide for Foreigners & Expats

Overview of Inheritance Law in Spain

Spain’s inheritance system differs significantly from common law jurisdictions. If you have assets in Spain—or are a foreign resident—it’s crucial to understand:

• ⚖️ Spanish succession law (including forced heirship)

• 📜 Importance of a valid will (testamento)

• 💶 Inheritance tax and exemptions

• 🌍 Applicable law for foreign nationals (EU Regulation 650/2012)

At Borderless Lawyers, we help international clients secure their estates and reduce legal and tax complications.

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📜 Making a Valid Will in Spain

✅ Types of Spanish Wills

1. Open Will (Testamento Abierto)

   • Signed before a notary

   • Most common and recommended form

   • Registered in the Central Wills Registry

2. Closed Will (Testamento Cerrado)

   • Secret, sealed, but signed before a notary

3. Holographic Will

   • Handwritten and signed by testator

   • Rarely used due to formal complexities

🖊️ Language

• Wills can be drafted in English (with translation), but Spanish is required for official registration.

📌 We recommend foreign nationals make a will in Spain specifically for Spanish assets.

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🧑‍⚖️ Inheritance Laws for Foreigners

🇪🇺 EU Citizens

Thanks to EU Regulation 650/2012, EU citizens can choose:

• Spanish law or

• The law of their nationality

This must be clearly stated in your will.

🌎 Non-EU Citizens

While not directly covered by the EU regulation, non-EU nationals can still express their wish to apply their home country law to their Spanish estate.

⚠️ Without a will or legal declaration, Spanish law automatically applies.

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👪 Forced Heirship in Spain

If Spanish law applies, the estate must follow forced heirship rules:

💡 If no valid will exists, Spanish intestate succession applies based on regional laws.

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💶 Inheritance Tax in Spain

Inheritance tax (Impuesto sobre Sucesiones y Donaciones) varies by:

• ✅ Region (Andalusia, Madrid, etc.)

• ✅ Value of estate

• ✅ Relationship to the deceased

💰 Key Tax Rates (National Average)

📌 Spouses and children may receive significant deductions depending on the autonomous community.

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🏡 Inheriting Spanish Property

When inheriting property in Spain:

• You must pay inheritance tax before title transfer

• Property value is based on the cadastral value or market value

• Notary and land registry fees apply

🛑 Selling the property before inheritance registration is not allowed

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⚰️ Probate Process in Spain

Steps for a smooth probate process:

1. 📝 Locate and verify the will

2. 🧾 Obtain the Death Certificate

3. 📑 Apply for Last Will Certificate (Registro General de Actos de Última Voluntad)

4. 📊 Complete an inventory of assets

5. 💵 Pay inheritance tax

6. 🏠 Transfer title of real estate or shares

⏳ You have 6 months from the date of death to pay the inheritance tax, with an option to request an extension.

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🧑‍💼 How We Help

At Borderless Lawyers, we guide international families and heirs through:

• ✅ Drafting valid wills in Spain

• ✅ Applying foreign law to succession

• ✅ Spanish probate proceedings

• ✅ Inheritance tax calculations and filings

• ✅ Real estate transfers and registration

🌐 Bilingual legal service | 💼 Asset protection | 🛡️ Cross-border expertise

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💬 Real Case: American Widow in Malaga

An American widow inherited property from her Spanish husband. We:

• Verified the will and law selection

• Reduced tax liability via Madrid’s tax deductions

• Managed registration of the property in her name

✅ Result: Fully compliant transfer, with €28,000 saved in taxes.

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🚀 Secure Your Legacy in Spain

Don’t leave your inheritance to chance. Get professional legal advice to protect your assets and your heirs.