Spanish Inheritance Law Explained for Foreigners

Spanish succession law works differently from what most foreigners expect. Here’s what actually applies to your estate.

If you own property or assets in Spain, Spanish inheritance law may apply to your estate even if you’re not a Spanish national or resident. It differs significantly from common law systems: certain heirs are legally protected regardless of what a will says, and if there’s no valid will at all, the law decides, automatically and in a fixed order, who inherits and how much. Understanding these rules is the first step to protecting your family from unnecessary disputes, delays or unwanted outcomes.

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How Spanish Succession Law Differs from Common Law Systems

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Forced Heirship: Who Are the Obligatory Heirs in Spain?

Under Spanish law, children (or their descendants), the surviving spouse and, in their absence, parents are entitled to a fixed share of the estate.
As a general rule, two-thirds of the estate is reserved for children, split between an equal share and a further "improvement" share the deceased can allocate between them; the remaining third is freely disposable.
The surviving spouse is entitled to a usufruct (right of use) over part of the estate, the extent of which depends on which other heirs exist.
These rules can come as a significant surprise to foreign nationals used to full testamentary freedom, and they directly affect how a will should be drafted.

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What Happens Without a Will: Intestate Succession in Spain

If someone dies without a valid will,, covering their Spanish assets, intestate succession rules apply. If the deceased was resident in Spain, Spanish succession law generally applies and determines who inherits and in what legal order.
The general order under intestate succession is: children and descendants first, then parents and ascendants, then the spouse, then siblings and other collateral relatives, and finally the State.
Intestate succession in Spain is typically slower, more costly and less predictable than succession under a properly drafted will it also removes any flexibility to reflect the deceased's actual wishes.
For international families, dying intestate in Spain often means the estate is distributed differently from what would happen under the law of their home country, which is why choosing the applicable law in advance (see below) matters so much.

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04/ EU Regulation 650/2012: Choosing the Law That Applies to Your Estate

Under EU Succession Regulation 650/2012, a foreign national can choose, in their will, for the law of their nationality to apply to their entire estate including assets located in Spain, instead of Spanish law.
This is one of the most valuable planning tools available to foreigners: it can allow a British, Irish, American or other common law national to preserve full testamentary freedom over their Spanish assets, avoiding Spanish forced heirship rules.
Without this express choice of law in a valid will, Spanish law will generally apply by default to real estate and other assets located in Spain, based on habitual residence at the time of death.
Getting this choice drafted correctly and coordinated with any existing foreign will, is one of the most common reasons international clients seek advice before, rather than after, a death occurs.

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Recent Developments in Spanish Inheritance Law

Since the EU Succession Regulation came into force in 2015, Spanish notaries and tax authorities have increasingly recognised choice-of-law clauses in foreign wills, though correct drafting remains essential to avoid challenges.
Regional inheritance tax reliefs (see our complete guide to Spanish Inheritance Tax) have also evolved substantially in recent years, with Andalucía now offering a 99% relief for close family, a significant shift from the position a decade ago.
Case law continues to clarify how non-EU nationals (including US and UK nationals post-Brexit) can rely on the Regulation, reinforcing the importance of up-to-date legal advice rather than relying on outdated assumptions.

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Spanish Inheritance Rules for Non-Residents

Non-residents are fully subject to Spanish succession law for any assets located in Spain, regardless of where they live.
A foreign will is not automatically invalid in Spain, but it must be properly recognised, translated and, in practice, is usually easier to administer alongside a specific Spanish will covering Spanish assets.
Without a Spanish will, heirs based abroad typically face a longer, more complex and more expensive probate process, often requiring apostilled documents, sworn translations and Powers of Attorney.

How This Affects Your Estate Planning

Understanding these rules is only useful if it’s reflected in a properly drafted will. If you haven’t yet reviewed how your estate would be distributed under Spanish law, our Wills & Estate Planning service is the natural next step, including drafting a Spanish will with the correct choice-of-law clause. If a family member has already passed away and you’re dealing with a Spanish estate now, our Internationals Estates & Inheritances service manages the full probate process on your behalf.

FAQ

What is intestacy law in Spain?

Intestacy law is the set of rules that decide who inherits when someone dies without a valid will covering their Spanish assets. Spanish law applies a fixed order of heirs, starting with children and descendants, regardless of the deceased’s personal wishes.

Can a foreigner choose their own country's law to apply in Spain?

Yes. Under EU Regulation 650/2012, a foreign national can choose the law of their nationality to govern their entire estate, including Spanish assets, as long as this choice is expressly stated in a valid will.

Who are the forced heirs under Spanish law?

Children (or their descendants), and in their absence parents, are entitled to a fixed share of the estate by law, alongside usufruct rights for the surviving spouse, unless a valid choice of foreign law overrides this.

Do I need a Spanish will if I already have one in my home country?

It’s strongly recommended. A Spanish will covering your Spanish assets, coordinated with your foreign will, generally makes the process faster, clearer and less costly for your heirs.