Inheritance and Wills

Protecting your assets and your family's future in Spain

Navigating Spanish inheritance law can be complex for international residents. Our English-speaking team provides clear, professional guidance on Wills, probate, and estate planning.

Planning for the future is essential when you own property or assets in Spain. Spanish law operates
differently from English common law, particularly regarding «forced heirship» and how taxes are
calculated. At PALS, we help you understand these differences so you can make informed decisions
that protect your beneficiaries and minimize unnecessary stress or expense.

Do I need a Spanish Will if I own property in Spain?

While not strictly mandatory, having a Spanish Will for your Spanish assets is highly recommended. It significantly
simplifies the probate process for your heirs, saving them time and legal costs. A Spanish Will allows you to clearly
state that you wish your national law to apply to your estate (an option available to EU and non-EU citizens), which
helps avoid the Spanish «forced heirship» rules that might otherwise dictate how your property is divided.

How inheritance tax works in Spain for foreigners

Inheritance tax (Impuesto sobre Sucesiones y Donaciones) in Spain is paid by the beneficiary, not the estate. The
amount varies greatly depending on the relationship between the deceased and the heir, the value of the
inheritance, and the specific rules of the Autonomous Region (like Murcia) where the property is located. There are
often significant allowances for close family members, and understanding these regional variations is key to
effective estate planning.

Making a Will in Spain and what the process looks like

Making a Spanish Will is a straightforward process when handled professionally. We draft the document in both
Spanish and English so you fully understand every clause. Once finalised, you sign the Will before a Spanish Notary.
The Notary then registers the existence of the Will with the Central Registry of Last Wills in Madrid. This ensures that
when the time comes, your latest wishes can be easily located and followed.

Spanish inheritance for UK citizens: what's changed since Brexit

Since Brexit, UK citizens are treated as non-EU residents for tax purposes. However, a landmark ruling by the
Spanish Supreme Court means that non-EU residents should still be entitled to the same regional tax benefits and
allowances as EU residents. This is vital for UK nationals with property in the Murcia region. We stay updated on
these legal shifts to ensure our clients receive the most favorable treatment allowed under current law.

Probate in Spain: dealing with a Spanish estate

When a loved one passes away owning assets in Spain, the probate process (Acceptance of Inheritance) must be carried out here. This involves gathering various certificates, translating foreign documents, and signing a formal Deed of Acceptance before a Notary.

The timeline matters: Spanish inheritance tax must be paid within six months of the date of death. Missing this deadline triggers automatic penalties and interest, so it’s important to start the process as soon as possible, ideally before the six months are up.

If the deceased did not leave a Spanish Will, the process becomes considerably more complex. Spanish intestacy law applies, which follows a strict hierarchy of heirs that may not reflect the wishes of the person who died. In these cases, additional documentation is required to establish who the legal heirs are, which adds time and cost.

Our team manages the entire process for you, from obtaining the death certificate in Spain and the certificate of last Wills to calculating and filing the inheritance tax returns and updating the Property Registry. We act as your liaison in Spain, ensuring all legal deadlines are met and nothing falls through the cracks.

Other ways we can help

Donation / Gift Tax

Transferring assets to family members while you're alive, such as gifting a property to a child, is subject to Spanish gift tax. We advise on the most tax efficient way to structure transfers so your family pays as little as necessary.

Power of Attorney

If you want a family member or trusted person to be able to act on your behalf in Spain, including managing your estate if you become incapacitated, we can draft and register the relevant power of attorney. This is particularly useful for clients who spend part of the year outside Spain.

To draw up a new Will and update it

Any significant change in your life circumstances, such as a new property, a marriage, a divorce or the birth of a child, should trigger a review of your Spanish will. We make the process quick and straightforward, usually in a single appointment.

Simultaneous Wills for couples

If you and your partner both own assets in Spain, we can prepare your Spanish Wills together in a single appointment, ensuring both documents are consistent and that each partner's wishes are fully protected.

Frequently Asked Questions

Do I need a Spanish Will if I already have a UK Will?

Yes. A UK Will does not automatically cover assets held in Spain. Without a Spanish Will, your family Will face a significantly more complicated and expensive process to deal with your Spanish estate. A Spanish Will is a separate document that handles your Spanish assets specifically and sits alongside your existing UK Will.

How much does it cost to make a Spanish Will?

The cost of drafting a Spanish Will with PALS is modest, far less than the additional cost your family would face without one. Contact us for a quote based on your circumstances.

What is inheritance tax in Spain for non-residents?

Non-residents who inherit assets located in Spain are subject to Spanish inheritance tax. The rate depends on the value of the assets and the relationship to the deceased. The tax must be paid within six months of the date of death. Murcia has its own regional rules that affect the final amount payable.

What happens if someone dies in Spain without a Will?

If there is no valid Spanish Will, the estate is distributed according to Spanish intestacy law, which follows a strict hierarchy of heirs. The process is significantly slower and more complex than with a Will in place, and the outcome may not reflect the deceased’s wishes.

Can I make a Spanish Will without being in Spain?

In most cases the Will needs to be signed before a Spanish notary, which requires a visit to Spain or to a Spanish consulate. However, we can prepare everything in advance so that the appointment itself is quick and straightforward.