We offer expert legal advice in inheritance and tax law.
We can help you with the inheritance and taxes involved.
The Spanish legal system is very different when it comes to inheritance procedure compared to other countries.
It is important for
any person with assets in Spain who has legal advice and makes a will.


We like to meet personally with our clients to resolve each particular situation, because each client deserves a personalized treatment.
We make the whole process easy and satisfying for our client.



If a family member has died without a Spanish Will, their assets in Spain will be ‘intestate’.

If there is no Spanish or English will: The determination of who the heirs are will be made through the so-called “declaration of heirs”. The intestate heirs will be those determined by the notarial deed of notoriety, authorized by a notary with territorial jurisdiction, and which will be issued based on the required documentation and the certificate of law issued by a competent notary of the country of which the deceased was a national.

Intestate Succession: What Happens When a Family Member Dies Without a Spanish Will?”

Losing a loved one is never easy, and the complexities of managing their affairs after their passing can add to the emotional burden. If a family member has died without a Spanish will, their assets in Spain will be subject to the rules of intestate succession. Here’s what you need to know:

1. Distribution According to Spanish Law: When someone passes away without a valid will in Spain, their assets will be distributed according to the country’s intestate succession laws. These laws outline the order of inheritance and the shares that each eligible heir is entitled to.

2. Legal Heirs Defined: Spanish intestacy laws identify legal heirs, which typically include the spouse, children, and other close relatives of the deceased. The distribution of assets is structured based on the relationship and hierarchy of these heirs.

3. Potential Challenges: While intestacy laws provide a framework for asset distribution, they may not align with the wishes or expectations of the deceased or their family. This can lead to disputes and disagreements among heirs.

4. Administrative Delays: The process of intestate succession can be more time-consuming and complex than distributing assets according to a valid will. Delays may occur as the legal system works to determine the rightful heirs.

5. Lack of Customization: Without a will, there’s no opportunity for the deceased to customize the distribution of their assets. This means that sentimental items or specific bequests may not be honored.

6. Foreign Nationals: For foreign nationals who own assets in Spain, intestate succession can introduce additional complexities related to international laws and treaties.

7. Legal Assistance Is Advisable: Dealing with intestate succession in Spain can be intricate. Seeking the guidance of a qualified legal professional who specializes in Spanish inheritance law is highly advisable to navigate the process effectively.

8. Create Your Spanish Will: To avoid the uncertainties and potential challenges associated with intestacy, individuals with assets in Spain should consider creating a Spanish will. This allows them to specify how their assets should be distributed, ensuring their wishes are respected.

While facing the aftermath of a loved one’s passing is always difficult, understanding the implications of intestate succession in Spain can help you make informed decisions and take appropriate steps to manage their estate. Consulting with legal experts can provide the guidance needed during this challenging time.


Benefits of Foreigners Making a Will for Property in Spain

When it comes to owning property in Spain, making a will is a crucial step for foreign residents and investors. Here are some key benefits of doing so:

1. Ensures Your Wishes are Respected:
Creating a will allows you to specify how you want your Spanish property to be distributed upon your passing. This ensures that your wishes are legally binding and will be respected.

2. Avoids Intestacy Laws:
Without a will, Spanish intestacy laws will dictate how your property is distributed, which may not align with your preferences or family circumstances.

3. Simplifies the Inheritance Process:
Having a valid will in place simplifies the inheritance process for your heirs. It reduces potential conflicts and administrative hurdles during an already emotional time.

4. Protects Your Loved Ones:
Making a will enables you to provide financial security and peace of mind for your loved ones who may inherit your Spanish property.

5. Minimizes Legal and Tax Complications:
Proper estate planning, including a will, can help minimize legal and tax complications for your heirs, potentially reducing the financial burden they may face.

6. Allows for Beneficiary Designations:
You can designate specific beneficiaries for your Spanish property, ensuring that it passes to the individuals or entities you choose.

7. Facilitates Cross-Border Inheritance:
For foreign nationals, especially those with property in multiple countries, a Spanish will can help streamline cross-border inheritance matters.

8. Provides Clarity and Transparency:
A will provides clarity about your wishes and intentions, reducing the likelihood of disputes or ambiguities.

9. Updates Are Possible:
You can update your will as circumstances change, such as acquiring additional properties or having more family members.

10. Peace of Mind:
Ultimately, creating a will for your Spanish property offers peace of mind, knowing that your assets will be distributed according to your desires.

To enjoy these benefits fully, it’s advisable to seek legal counsel from professionals experienced in Spanish estate law. They can guide you through the process and ensure that your will complies with local regulations.



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Calle Médico Temístocles Almagro, número 18-2 B

03300 Orihuela (Alicante)

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Mon – Fri 9:00 – 14:00 in our office

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