Wills & Inheritance in Spain for Retired Expats

🛡️ Planning Your Retirement? Don’t Forget Your Estate in Spain

For retirees settling in Spain, writing a valid Spanish will and understanding inheritance law is not just smart — it’s essential. Spanish inheritance law differs significantly from other countries, especially for foreigners.

This guide explains how wills, heirs, and inheritance tax work in Spain — and how to protect your assets as an expat retiree.

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⚖️ How Inheritance Law Works in Spain

Spain applies a forced heirship system — meaning a portion of your estate must go to specific heirs, usually children and spouses.

However, EU Regulation 650/2012 allows foreign retirees to choose the inheritance law of their home country — as long as this is stated clearly in your Spanish will.

✅ Without a will, Spanish law applies automatically — often leading to unintended outcomes.

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✍️ Why You Should Have a Spanish Will

Having a Spanish will is strongly recommended if you:

• Own property in Spain

• Have Spanish bank accounts or investments

• Live in Spain full- or part-time

• Want to avoid delays and costs for your heirs

Advantages:

• Reduces legal complexity for your family

• Helps avoid disputes between heirs

• Speeds up probate process

• Allows you to apply your home country’s inheritance rules

💡 A foreign will is valid in Spain — but it’s slower and more expensive to execute.

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🗺️ EU Succession Law for Expats in Spain

Under EU Regulation 650/2012:

• Foreign nationals can elect the law of their nationality to govern their estate

• This election must be included in a valid will

• The will must meet Spanish legal formalities (signed before a notary or equivalent)

✅ This allows UK, US, or Canadian expats to avoid Spanish forced heirship rules.

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💰 Inheritance Tax in Spain (Impuesto de Sucesiones)

Inheritance tax in Spain is:

• Paid by the heir, not the estate

• Varies by region — some offer major reductions

• Based on the value received, not total estate

💡 Some regions (Madrid, Andalusia, Valencia) offer 99% reductions for spouses and children.

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📄 Key Documents for Inheritance Planning

• NIE for all heirs

• Valid Spanish will (with language clause for applicable law)

• Title deeds for Spanish property

• Bank statements and investment records

• Power of Attorney for legal representation (optional)

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🏡 What Happens to Your Spanish Property?

If you pass away owning property in Spain:

• The property remains frozen until inheritance is accepted and taxes paid

• Heirs must file inheritance declaration and pay any tax due

• Title deed must be updated with the Land Registry

✅ Delays are common when no will exists — it can take months or even years to resolve.

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👨‍⚖️ How We Help Expats Protect Their Estate in Spain

Our estate planning lawyers for retirees provide:

✅ Drafting and registering a Spanish will
✅ Including legal clause to apply your home country’s law
✅ Inheritance tax planning based on regional exemptions
✅ Probate support for heirs and family
✅ Power of Attorney setup for smooth execution

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📞 Retiring in Spain? Make Sure Your Estate is Protected

Don’t let your family face legal confusion and tax headaches. A Spanish will gives you control — and peace of mind.

👉 Contact us today to draft your will and protect your legacy in Spain.