When a loved one passes away, legal issues surrounding inheritance and wills can become especially complicated in families with different nationalities, assets in multiple countries, or residence outside of Spain.
At Legal Allies, we break down the key legal aspects in a clear and accessible way: which law applies, whether a foreigner can inherit in Spain, what rights you have, and how to validate a will in international family settings — all to avoid legal surprises during delicate times.
What Law Applies to International Inheritances and Wills in Spain?
Since the implementation of EU Regulation 650/2012, the general rule is:
The law applicable to the inheritance will be that of the country where the deceased had their habitual residence at the time of death.
But there’s an important exception:
The testator can choose to apply the law of their nationality.
This means:
- A British person living in Spain can choose to apply English law to their estate.
- If they don’t make this choice, Spanish law will automatically apply.
That’s why explicitly including this in the will is crucial to avoid future conflicts — especially if your country of origin has very different succession rules from Spain.
What Are the Requirements for an International Will?
Spain recognizes several types of wills, but for international contexts, the most common are:
- Spanish notarial will with explicit mention of applicable law (highly recommended for foreign residents).
- Foreign will, valid if drafted in accordance with the laws of the country of origin and properly translated.
- Holographic will (handwritten), allowed in Spain, but with more legal hurdles and formal requirements.
In all cases, the will must:
- Be officially translated if written in another language.
- Be legalized or apostilled if issued abroad.
- Not contradict mandatory rules of Spanish law, such as the “legítima.”
What Is the “Legítima” in Spain?
The “legítima” is a legally protected portion of an inheritance that must go to certain heirs, regardless of the will’s content.
Under Spanish civil law (except in regions with their own civil codes), the forced heirs are:
- The children (and if none, the parents).
- The surviving spouse.
Children generally have a right to two-thirds of the estate. The testator is only free to dispose of one-third — the “free disposal portion.”
This can clash with laws from other countries that allow greater testamentary freedom. So knowing which law will apply is key before writing or executing a will.
Can a Foreigner Inherit in Spain?
Yes. Both resident and non-resident foreigners can inherit assets located in Spain. The main conditions are:
- The inheritance must be legally regulated and accepted.
- Tax obligations must be properly handled (the Inheritance and Gift Tax varies by region).
In addition, the legal process can be completed even if the heirs live abroad, using:
- International notarial powers of attorney.
- Legal representation in Spain.
What Are the Steps to Accept an Inheritance in Spain?
- Obtain the death certificate.
- Locate the will, if any (Spanish Registry of Last Wills).
- Formally accept or reject the inheritance before a notary.
- Pay the applicable taxes.
- Register the real estate in the Land Registry.
These steps are required even if the deceased was a foreigner and the will was made abroad.
How Can Legal Allies Help You with Inheritance and Wills in Spain?
At Legal Allies, we offer full support to international families for managing inheritance and wills in Spain with safety and clarity. We help you:
- Draft valid wills in Spain, including mention of the applicable law.
- Review foreign wills for validity in Spanish territory.
- Process international inheritances, even if the heirs are abroad.
- Translate and legalize official documents.
- Calculate and optimize inheritance taxes according to the autonomous region.
All with multilingual service and a clear, human, and legally sound approach.
International inheritances can feel like a legal labyrinth, but with the right guidance, you can manage them efficiently and with peace of mind. Understanding what law applies, how to draft a valid will, and which steps to take in Spain is key to avoiding disputes and protecting your loved ones’ interests.
Do you have a specific situation or want to plan ahead to avoid future issues? At Legal Allies, we’re here to help — in your language and with solutions tailored to your family, wherever you are.
