Inheritance Solicitors in Spain

What does an inheritance solicitor in Spain do?

An inheritance solicitor in Spain advises and represents clients on all aspects of succession law – from drafting a Spanish will to managing the inheritance process after a death. This includes identifying heirs, assessing the value of the estate, settling inheritance tax within the legal deadlines, and registering assets in the appropriate registries.

For expatriates and non-residents, the role of a specialist solicitor is particularly important. Spanish succession law interacts with the law of other countries, and errors made at the planning stage – or during the administration of an estate – can result in family disputes, financial penalties, and significant delays in transferring assets.

Do you need a Spanish will?

Making a will in Spain is strongly recommended for anyone who owns property, holds bank accounts, or has investments in Spain – whether you are a resident or a non-resident.

While a foreign will may be legally recognised, administering it in Spain is often slower, more complex, and less tax-efficient for your heirs. A Spanish will allows you to address your assets in Spain directly and, under EU Regulation 650/2012, to elect the law of your nationality to govern your succession – but this election must be explicitly stated in the document.

A Spanish will should be designed to complement, not contradict, any will you already have in your home country. When both documents are properly aligned, the administration of your estate becomes significantly more efficient.

Read our full guide on making a Spanish will

Who should make a Spanish will:

• Anyone who owns property in Spain
• Expats and non-residents with bank accounts or investments in Spain
• Anyone who wants to choose which law governs their succession
• Anyone who wants to protect their spouse or children under Spanish law
• Anyone who already has a foreign will but wants to ensure it is effective in Spain

Spanish inheritance tax: what you need to know

Inheritance tax in Spain (Impuesto sobre Sucesiones y Donaciones) is imposed on the transfer of assets following a person’s death. It is administered at state level but applies the rules of the autonomous community where the deceased resided for the majority of the last five years.

The amount payable depends on three main factors:

• The relationship between heir and deceased – direct relatives benefit from significantly higher reductions
• The total value of the inherited assets – the tax operates on a progressive scale
• The autonomous community where the deceased was resident – regional rules can dramatically change the outcome

Who must pay:
Both residents and non-residents must pay Spanish inheritance tax. A Spanish tax resident pays on all inherited assets worldwide; a non-resident pays only on assets located in Spain.

Deadlines:
Inheritance tax must be paid within six months of the date of death. An extension of up to six additional months can be requested, provided the application is made within the first five months. Late payment incurs a progressive surcharge starting at 1% per month, rising to 15% after twelve months, plus late payment interest.

For full details on rates, allowances, and how to declare: Spanish inheritance tax