INHERITANCE · EU RESIDENTS
Wills and estate planning for assets in Spain
Planning ahead brings your family circumstances, Spanish assets and existing overseas documents into a coherent arrangement. A will alone does not answer every ownership or tax question.
THE STEPS INVOLVED
From initial review
to practical completion.
Understanding the family and assets
We identify nationalities, residences, property interests, matrimonial arrangements and objectives. The rights of spouses and children should be reviewed with the professionals competent to advise on the relevant law.
Discuss your situationCoordinating wills
Existing and proposed wills must be checked together. A new document should avoid accidental revocation and take account of the law governing the succession.
Discuss your situationComparing gifts and inheritance
Timing, control retained and Spanish tax consequences can differ significantly. A gift may also have consequences for the donor and should not be assumed to be the cheaper option.
Discuss your situationKeeping arrangements current
A move, marriage, family change or new asset may justify a review. We coordinate the Spanish steps with the adviser dealing with foreign-law or tax questions.
Discuss your situationINITIAL DOCUMENTS
A clear starting point
for your case.
You do not need a complete file to get started. After an initial review, we explain which documents are still needed.
- Existing wills and gifts
- Matrimonial or partnership documents
- Inventory of Spanish assets
- Nationalities, residences and family objectives
EU RESIDENTS AND SPAIN
For clients resident in the EU
Your country of residence, nationality and family circumstances may point to different legal and tax requirements. We establish the facts and coordinate your Spanish matter with the relevant advisers.
- Identify the deceased’s habitual residence, nationality, wills and any choice of national law; the heir’s EU residence alone does not determine the succession law.
- We assess the appropriate succession evidence with the competent professional in the country concerned. Ireland and Denmark do not participate in the EU Succession Regulation.
- Confirm the residence and family relationship of each heir separately for the Spanish tax review. Family members may have different positions.
- Coordinate the Spanish assets, deadlines and supporting documents with the professional handling the estate abroad.
FREQUENTLY ASKED QUESTIONS
What you may want
to know before acting.
Is a Spanish will compulsory?
Not in every case. The starting point is to assess the scope and usability of the documents already in place.
Can I choose any country’s inheritance law?
No. A choice of succession law is subject to legal conditions, including the relevant nationality rules under the European framework.
Is giving a property away always tax-efficient?
No. The taxes, rights retained and family objectives should be compared before a transfer is made.
Does being an EU resident decide the inheritance law?
No. The deceased’s position and any valid choice of law must be examined. The heir’s residence is not enough to determine who inherits.
Will you work with my adviser abroad?
Yes, where appropriate and with your agreement. We coordinate the Spanish documents and steps with your own qualified adviser, who remains responsible for advice and filings in their jurisdiction.
LET’S DISCUSS YOUR CASE
Would you like us to review your situation?
Tell us about your plans or concerns. We will connect you with the appropriate specialist in our team in Spain.
Send us your question through the contact form. We will connect you with the right specialist.
Go to the contact formThis is general information, to be applied to your circumstances and the rules in force. Sirejacob Legal & Tax advises on your matter in Spain. Foreign law and overseas filings are handled, where needed, with your own qualified adviser.