INHERITANCE · RESIDENTS OUTSIDE THE EU
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
RESIDENTS OUTSIDE THE EU AND SPAIN
For clients resident outside the EU
We help English-speaking clients living outside the EU manage their interests in Spain. Your specific country, documents and tax residence are assessed individually, rather than applying one rule to every non-EU situation.
- A foreign grant of probate, letters of administration, will or court order may need to be examined and supplemented for the Spanish estate; the requirements vary by jurisdiction.
- We assess habitual residence, nationality and any choice of law. Living outside the EU does not mean the Spanish succession analysis can ignore the European conflict-of-law framework.
- We check whether regional Spanish inheritance-tax rules are available in your case; living outside the EU does not by itself exclude them.
- Plan the issue, authentication and translation of foreign estate documents alongside the Spanish timetable rather than waiting for probate abroad to finish.
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.
Am I automatically excluded from regional Spanish inheritance-tax treatment?
No. Residence outside the EU does not by itself exclude regional treatment. The estate’s connecting factors and the conditions of the relevant rules must be checked.
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.