DON'T LEAVE YOUR ESTATE TO SPANISH LAW, BY DEFAULT

Wills, inheritance tax and cross-border estate planning for foreign residents and property owners in Spain.

If you’re habitually resident in Spain, or own property here, and haven’t made a specific choice in your will, Spanish succession law

can apply to your entire estate by default — including “legítima”, a forced heirship rule that reserves a fixed share for your children

regardless of what you’d actually want.


Under EU rules, foreign nationals living in Spain can choose in their will for the law of their own nationality to govern their estate instead — restoring full testamentary Freedom. 


This still applies to British nationals after Brexit, because it depends on where you live, not on whether your own country takes part in the regulation.

What gets checked?

  • Spanish Will drafting: Registered centrally in Spain, so it’s found within days and doesn’t need translating or an apostille later, unlike a foreign-only will


  • The correct choice of Law: making sure your will properly states which country’s law should govern your estate, so it actually holds up when it matters.


  • Inheritance tax planning: Including the regional deductions available in the Comunidad Valenciana, which in many cases can be very substantial for close family.


  • Cross-border estates: Coordinating a Spanish will with a will you already hold in another country, so the two don’t conflict.


  • Managing an inheritance already underway: Supporting family handling the estate of someone who has died in Spain, or who held Spanish assets.

How it works

  • Initial review: Your assets, family situation and where you’re habitually resident.


  • Signing: Before a Spanish notary, and registered centrally so it can always be located.


  • Coordination: Checking it aligns with any will you already hold in your home country.


  • Ongoing support: For family members managing an inheritance when the time comes.

Book a Wills and Inheritance Consultation

Led by Juan Pascual Drake, a native English-speaking lawyer with 15+ years helping foreign residents and property owners plan their estate across Valencia, Alicante, Benidorm and the Costa Blanca.

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