🛡️ 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.
⚖️ 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.
✍️ 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.
🗺️ 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.
💰 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
| Beneficiary Relationship | Typical Tax Rate (Before Reductions) |
|---|---|
| Spouse / Children | 1%–7% (with major exemptions in some regions) |
| Siblings / Extended family | 7%–25% |
| Non-family | 24%–34% |
💡 Some regions (Madrid, Andalusia, Valencia) offer 99% reductions for spouses and children.
📄 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)
🏡 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.
👨⚖️ 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
📞 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.