Over 40 years of experience handling complex Spanish inheritance cases
Specialist Spanish inheritance lawyers helping national and international clients plan their estates, manage inheritances and resolve succession disputes across Spain. We advise families, expats and property owners on every stage of the succession process, from protecting their assets and planning their legacy to navigating inheritance procedures, taxes and complex legal disputes.
Led by recognised attorney Ramón Bustillo, our family-run firm combines over 40 years of experience with fast, clear and highly personalised legal advice in English and Spanish, backed by an in-depth knowledge of Spain’s 7 inheritance law systems and the different regional inheritance and gift tax regimes.
At Inheritance Spain, our goal is to make Spanish inheritance law understandable and accessible for the international community.
Organise your estate, protect your family and plan ahead how your assets will be transferred under Spanish inheritance law.
Spanish inheritance tax regulations vary significantly between regions. We provide expert fiscal planning and optimisation.
We guide clients through the entire Spanish inheritance process, from obtaining death certificates to the final registration of assets.
Making a gift involving Spanish assets or residence abroad requires careful legal and tax consideration to avoid future complications.
Having a valid Spanish will can significantly simplify the transfer of your estate and protect your heirs’ interests.
When someone dies as a resident in Spain without a will, intestate succession rules apply. We manage the declaration of heirs process.
Unlike general law firms, we specialise in Spanish inheritance law, including cases with a foreign connection. This specialisation allows us to keep track of frequent changes made to the 7 Spanish inheritance laws and 18 Spanish inheritance tax laws, ensuring every new tax break is used to your advantage.
Unlike tax advisors, we are professional lawyers and study judicial precedents, and, if necessary, can use these to argue your case in court in order to uphold your inheritance rights or defend your rights before the Tax Agency.
Use our updated Spanish inheritance tax calculator to get an estimate of potential liabilities. Tax rates vary by region and family relationship.
ESSENTIAL READING
For expats and foreign residents in Spain, inheritance matters are almost always considered international successions. Understanding the EU Succession Regulation (650/2012) and how it affects your Spanish assets is critical to protecting your family’s future.
Read the brief guide for expats →The EU Succession Regulation
We advise international clients on cross-border successions, applicable law, jurisdiction and estate planning, helping them navigate the interaction between Spanish, EU and non-EU legal systems.Discover how the EU Succession Regulation affects your inheritance in Spain.
Read more about the EU Succession regulation →Inheriting in Spain can involve far more than obtaining a death certificate and completing a series of administrative formalities. Depending on the circumstances, an inheritance may involve complex legal issues, disputes between heirs, assets located in different countries, tax considerations or the need to defend your rights in court. Spanish inheritance law is our speciality. Ramón Bustillo and his team of expert lawyers advises and represents clients throughout the entire inheritance process, from the initial legal assessment and identification of heirs and assets to the acceptance and distribution of the estate, tax matters and registration of inherited assets. We always seek to resolve matters amicably where possible. However, when an agreement cannot be reached, we are fully prepared to take legal action and defend our clients’ interests in court until their rights are recognised and effectively enforced. We are not simply here to help you complete the paperwork. We are here to protect your rights. Our experience in complex inheritance matters means we are comfortable handling difficult cases and representing our clients against leading law firms in Spain. Below, we explain the main steps involved in dealing with an inheritance in Spain, what you need to consider at each stage, and when specialist legal advice may be essential.
Inheriting in Spain as a non-resident can involve complex legal and tax issues, particularly when the inheritance has an international element. Our experience in Spanish inheritance law allows us to advise on a wide range of cases, from straightforward estates to complex and contested inheritances involving different countries, legal systems or disputes between heirs.
Below, we answer some of the most common questions non-residents have when dealing with an inheritance in Spain.
If he was a Spaniard it depends on his “vecindad civil”.
If he was a foreigner, it depends on his place of residence (Galicia, Basque Country, Aragón, Navarra, Cataluña, Baleares).
Yes, in the legal order to inherit, the widow comes after the parents of the deceased.
You will only keep a life time right to use and enjoy a share of half of the assets of his inheritance, but not the ownership so you will have to deal with your parents-in-law for everything, unless your matrimonial property regime, agreed or legal, states differently.
No, in “Código de Suceciones de Cataluña” the spouse, or the non-married partner, will have preference over the parents.
No, if the deceased left a Spanish will.
Yes, if the will was made under the law of a country that requires probate for legalised wills.
Yes, you have to pay inheritance tax on the value of your share of the assets located in Spain. If there is more than one inheritor, remember that inheritance tax in Spain falls on the individual acquisition, rather than on the estate.
Yes, you must pay Spanish Inheritance Tax on your share of the value of the whole estate, wherever the assets are located. You can deduct what you have paid in IHT in another country.
You will need a NIE ( A Spanish Tax number) and if you are a non-resident you must name a representative in Spain to manage your tax issues.
Yes, it can be a serious amount BUT there are a lot of allowances for close relatives varying on the place where the deceased lived or where the assets are.
However, if a beneficiary has to cope with unforeseen inheritance tax problems (ie. your unmarried partner and their children might be considered as unrelated hence incurring higher tax rates) it may become a nightmare. Previous estate planning is a must.
There are multiple authorities that may be involved with the inheritance, (Tax Agency, Land Registry, notaries, even courts, if there is no last will and/or there is a child or disabled person in the case). Even those may change depending on the location of the assets, the place where the deceased had the habitual residence and where the beneficiary lives.