In this article
Buying a home in Spain is often a family project, but few buyers think about what happens to the property when they die. For a foreign property owner, a Spanish will is one of the simplest and most effective ways to protect your heirs. This guide explains the rules that apply and the steps your family would have to follow.
Which law governs your inheritance?
Since August 2015, the EU Succession Regulation (650/2012) decides which country’s law applies to cross-border inheritances in Spain. The general rule is:
- The law of the country of your habitual residence at the time of death applies to the whole estate.
- However, you can choose the law of your nationality in your will.
This matters because Spanish law includes forced heirship rules (*legítima*) that reserve part of the estate for children or other relatives. A British national, for example, may choose English law in their will to keep full freedom to decide who inherits, even for Spanish property. The Regulation applies in Spain regardless of whether the deceased was from an EU country or not.
Why make a Spanish will?
Your will from home may be valid in Spain, but using it often means:
- Obtaining an official copy and an apostille.
- Sworn translation into Spanish.
- A certificate of the law of your country, sometimes a legal opinion.
- Proving it is the last valid will.
A Spanish will, signed before a Spanish notary and registered in the Spanish Registry of Wills, avoids most of this. It can be limited to your Spanish assets and coordinated with your will at home, so that one does not revoke the other.
What happens when an owner dies
The heirs must usually:
- Obtain the death certificate and a certificate from the Spanish Registry of Wills.
- Obtain a copy of the last will.
- Obtain NIE numbers for each heir.
- Sign the inheritance acceptance deed before a Spanish notary.
- Pay inheritance tax within six months of the death (extensions are possible).
- Pay the municipal plusvalía.
- Register the property in the heirs’ names.
Inheritance tax in the Balearic Islands
Spanish inheritance tax is charged on the heirs, and the amount depends on the relationship with the deceased and the applicable regional rules. The Balearic Islands introduced very significant reductions for spouses, children and descendants, making inheritances between close family members close to tax-free in many cases. Non-resident heirs can generally benefit from regional rules. Each case should be calculated individually, especially for heirs outside the close family circle.
Our family law and succession team handles wills and inheritance procedures for international families.
Planning ideas for foreign owners
- Buy in both spouses’ names where appropriate.
- Make mirror wills for couples, coordinated with wills at home.
- Choose the applicable law expressly in your will if you want to avoid forced heirship.
- Keep documents organised: title deeds, NIE, bank details, tax returns.
- Consider a usufruct to protect a surviving spouse.
Complex estates involving companies, several countries or disputes between heirs often require wider civil law advice.
Frequently asked questions
Is a will from my country valid in Spain?
Usually yes, if valid where it was made, but using it is slower and more expensive.
Can I leave my Spanish home to anyone I want?
If you choose the law of a country without forced heirship, generally yes.
Do my heirs need to travel to Spain?
No. They can grant a power of attorney to a Spanish lawyer.
Conclusion
A Spanish will is quick and inexpensive to prepare, and it can save your family months of paperwork. Castell.law prepares wills and handles inheritances for foreign owners in English, German and Spanish.
