Inheritance Law in Spain
Inheritance Law in Spain > Most foreigners assume inheritance works the same everywhere.
It doesn’t.
Spain has its own legal structure — and if you don’t plan properly, your family could face delays, taxes, and even legal disputes after you’re gone.
Let’s break it down clearly.
Which Law Applies to Your Inheritance?
One of the most confusing aspects is this:
- Can you apply your home country’s law?
Yes — but only if you explicitly state it in your will.
If you don’t:
> Spanish law will apply by default.
And that can completely change how your assets are distributed.
Forced Heirs (A Key Difference from Other Countries)
Spain protects certain family members through “forced heirship”.
This means:
- Children are legally entitled to a portion
- You cannot freely distribute all your assets
For many expats, this is unexpected — especially if they come from countries with full testamentary freedom.
Inheritance Tax in Spain (And Why Location Matters)
Inheritance tax varies depending on the region.
In the Valencia region:
- There are reductions and allowances
- But the system is still complex
- Two people inheriting the same amount can pay very different taxes depending on their situation.
What Happens to Property After Death?
Property is not automatically transferred.
Your heirs must:
- Accept the inheritance
- Pay the corresponding taxes
- Register the property in their name
- Without proper planning, this process can take months — even years.
Common Problems Expats Face
- No Spanish will
- Conflicts between international wills
- Unexpected tax liabilities
- Family disputes due to unclear instructions
- These are not rare cases — they happen every day.
Conclusion
If you own assets in Spain, planning your inheritance is not optional.
- It’s essential.
The smartest move is to:
- Speak with a lawyer in Torrevieja specialised in inheritance law for expats and make sure everything is legally structured.
SOURCE: ENRIQUE ANTÓN | ANTÓN & ASOCIATES LAWYERS
