Did you know that inheriting a property in Spain from abroad can be more complicated than it seems? What sounds simple —receiving an asset or money— can turn into a process full of rules, paperwork, and laws that vary depending on the countries involved. The key lies in understanding how international inheritances interact with Spanish inheritance law.
What is an international inheritance?
An international inheritance occurs when more than one country is involved in the process. This can happen when:
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The deceased lived in a country different from their nationality.
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Assets are located in multiple countries.
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The heir resides in another country.
In these cases, the inheritance laws in Spain and in other countries may both apply, which is where doubts and conflicts can arise.
The main rule: the European Succession Regulation
Within the European Union (except Denmark and Ireland), Regulation (EU) 650/2012 states that the applicable law will be that of the country where the deceased had their habitual residence.
This means that, even if the person was a foreigner, if they lived in Spain at the time of death, Spanish inheritance lawwill apply, unless the will specifies that the law of their nationality should govern the estate.
Spanish legislation and its particularities
When it comes to inheritance in Spain for foreigners or Spanish inheritance law for non-residents, there are some key points:
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Forced heirship (“legítima”): a reserved portion of the estate must go to certain relatives (children, parents, or spouse).
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Spanish inheritance tax: each autonomous community has its own reductions, allowances, and payment deadlines. If you wonder how much is Spanish inheritance tax, the amount depends on the value of the assets and the region where they are located.
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Procedure: documents from other countries must be translated and legalized.
Possible conflicts between laws
Issues may arise when the law of another country contradicts Spanish inheritance laws. For example, some countries have no forced heirship and allow free asset distribution, which may clash with Spanish rules and cause disputes or delays.
How to avoid problems
To reduce risks:
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Make a will in Spain if you have assets here.
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Check both the inheritance laws of your nationality and those in Spain.
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Seek advice from a lawyer experienced in news inheritance laws in Spain and international successions.
Understanding Spanish inheritance law and how it interacts with other jurisdictions is essential to ensure that the final wishes of the deceased are respected without unnecessary legal complications.