Estate Planning in Spain

Who it is for If you own a home, bank account or business in Spain, passing it on to your family is not as simple as writing a will in your home country. Spain's inheritance rules are very different from those in…

About estate planning in Spain

Who it is for

If you own a home, bank account or business in Spain, passing it on to your family is not as simple as writing a will in your home country. Spain's inheritance rules are very different from those in places like the UK, the US or Germany. Without a joined-up plan, the two systems can clash. Your family may then face frozen bank accounts, months of paperwork and unexpected tax bills.

This service is for people who:

Live in Spain full-time and want their home country's inheritance law to apply instead of Spain's. EU rules known as Brussels IV allow this choice.
Live abroad but own a holiday or rental home in Spain.
Have family members, partners or children in different countries.
Have inherited Spanish property that is stuck because of missing papers, confusing demands or unpaid local taxes.

Documents usually needed

Passports and Spanish foreigner ID numbers (NIE) for you and the people who will inherit, plus marriage, partnership or divorce papers.
Your Spanish property deeds, recent local property tax receipts, bank details and any business papers.
Copies of any wills, trusts or gift agreements from your home country.
Clear wishes about who gets what, and whether you want your home country's law to apply.
Any guardianship orders or powers of attorney (papers letting someone act for another person) for family members who need long-term protection.

You will be told in advance if any foreign papers need an official stamp confirming they are genuine (an apostille) or a sworn translation into Spanish.

How it works

Review: a lawyer looks at everything you own, where you live and your existing will, to spot tax problems and clashing rules.
Plan: the lawyer designs a plan that turns foreign arrangements, such as trusts, into Spanish equivalents. One example is the right to use a property for life (usufructo) while someone else owns it. The plan also takes account of regional inheritance tax.
Spanish will: a will in Spanish and English is written, with a clear statement choosing your home country's law under Brussels IV.
Signing: the will is signed before a Spanish notary (an official who confirms and records legal documents). If you are abroad, a power of attorney signed at a consulate can be used instead.
Registration: the will is recorded in Spain's central register of wills. You get certified copies and a step-by-step guide for your family.

Why it can help

Spanish law normally reserves part of an estate for certain relatives. Choosing your home country's law can let you leave your property to the people you choose.
A separate Spanish will can spare your family long waits before they can reach Spanish bank accounts.
Inheritance tax differs a lot between Spanish regions. Planning can make the most of local allowances.
Spain does not recognise trusts as known in the UK or US. Spanish tools such as usufructo can give similar protection.
Stamps, translations and registrations are dealt with in advance, so the people handling your estate face less red tape.

The service can also include a formal letter for your lawyers at home, so your plans in both countries fit together.

Talk to a lawyer about Estate Planning

1 registered lawyer provide this service in Spain. Describe your situation in a short chat — what happened, where, and how to reach you. Your enquiry is reviewed and passed to a lawyer who handles exactly this kind of case, with no obligation.

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See the lawyersEnquiries are answered by lawyers of AdvocateAbroad. This site provides legal information, not legal advice.

Why these lawyers

Registered with the bar of their country

Real case counts, for this exact service

Work in English and the local language

Rated 5.0 of 5 by 928 clients of lawyers in Spain

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1 lawyer who provides estate planning in Spain

Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.

Inma

Lawyer · Murcia City, Spain

917 cases handled
11+ years in practice
English, Spanish
Law
5.0(59 reviews)

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