The question that catches families out is whether they can keep their home-country freedom to leave assets as they wish — in Spain you can, but only by electing your national law under Brussels IV in a valid will.
If you live in Spain, your estate is likely to fall under Spanish inheritance law — which means fixed shares (la legítima) for children and limited freedom to distribute assets as you wish.
Related: For how the two wills sit together, see how a Spanish will works alongside your UK or US will.
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Related: For comprehensive information about cross border will spain, see our complete guide to cross border will spain.
But EU Regulation 650/2012, also known as Brussels IV, allows you to take back control. Here’s how it works, explained through real questions expats ask every day.
1. What is Brussels IV?
Brussels IV is an EU regulation that lets individuals with cross-border ties decide which country’s law governs their inheritance. It applies across most of the EU, including Spain, France, Germany, and other member states.
2. Who does it apply to?
It applies to any person who dies habitually resident in an EU member state, regardless of nationality. That means if you live in Spain, Brussels IV automatically applies to your estate — unless you opt out.
Understanding the Two Paths of Spanish Succession
The succession process in Spain follows one of two distinct paths, depending on whether the deceased left a valid will. It is essential to understand which applies, as the steps and documentation differ significantly.
If There Is a Spanish Will (Testate Succession)
- Obtain the death certificate (Certificado de Defuncion)
- Request the Certificate of Last Will (Certificado de Ultimas Voluntades) — this confirms whether a will was registered, NOT who the heirs are
- Obtain an authorised copy of the will from the notary who held it
- The will identifies the heirs and the distribution of assets
- All heirs sign the Acceptance and Adjudication deed before a Spanish notary
- Pay Inheritance Tax (Impuesto de Sucesiones) within 6 months
- Register the property transfer at the Land Registry
If There Is No Will (Intestate Succession)
- Obtain the death certificate
- Request the Certificate of Last Will — this will confirm that NO will was registered
- Obtain a Declaration of Intestate Heirs (Declaracion de Herederos Abintestato) — a notarial act that legally determines who the heirs are
- All declared heirs sign the Acceptance and Adjudication deed
- Pay Inheritance Tax within 6 months
- Register the property transfer at the Land Registry
Note: The applicable law may vary depending on the deceased’s nationality and habitual residence under EU Regulation 650/2012 (Brussels IV). Each case requires individual assessment.
3. What happens if I don’t do anything?
If you live in Spain and don’t make a legal choice, Spanish inheritance law applies by default. This includes mandatory shares for children and limits on what you can leave to your spouse or partner.
4. Can I avoid Spanish inheritance law?
Yes. Under Article 22 of Brussels IV, you can state in your will that the law of your nationality should apply to your estate. That clause overrides Spanish law and restores full testamentary freedom.
5. How do I make that choice official?
By including a clause in your will such as:
“I declare that I choose the law of my nationality, [Country], to govern the succession of my estate in accordance with Article 22 of Regulation (EU) No. 650/2012.”
It must be signed before a notary, ideally in Spain, to avoid disputes later.
6. Can I use my UK or US will instead?
Not safely. Foreign wills may not be automatically recognised or may conflict with local formalities. The best option is to create a Spanish will that clearly names your national law and aligns with your other wills abroad.
7. Does Brussels IV cover inheritance tax?
No. It only governs which succession law applies, not the tax rules. Inheritance tax is still subject to Spanish regional and national tax laws, even if your national law governs the succession.
8. Can non-EU nationals use Brussels IV?
Yes. Even after Brexit, British citizens and other non-EU nationals can still invoke Article 22, as long as they live in an EU country that applies the regulation (like Spain).
9. What mistakes should I avoid?
- Forgetting to include the choice of law clause.
- Having multiple wills that contradict each other.
- Assuming your home-country will automatically covers assets in Spain.
- Ignoring inheritance tax planning.
10. Why does this matter so much for expats in Spain?
Because without this declaration, Spanish forced heirship rules will decide your estate, not you. Brussels IV gives you the legal right to make sure your assets go where you actually intend.
Final Note
Brussels IV isn’t a loophole — it’s a legal right. It ensures your estate reflects your personal will, not the default system of the country you happen to live in.
Have more questions?
You can get free AI-powered answers reviewed by a Lawyer about Brussels IV, Spanish inheritance law, and cross-border wills — explained clearly, in your language.
For a complete overview of wills and inheritance in Spain, see our Spanish Wills & Testament Guide 2026.
Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
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Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.
Quick Answer — International Wills, Professio Juris and Estate Planning in Spain
Many expatriates assume that their existing UK, US, Canadian, Irish or Australian Will automatically solves their succession planning in Spain. In reality, cross-border estates require careful coordination.
Under EU Regulation 650/2012 (Brussels IV), the law governing your succession is generally the law of your habitual residence at death. However, a foreign national may often make a Professio Juris election in their Will, choosing instead the law of their nationality to govern their succession.
This can be extremely important because Spanish succession law includes forced heirship rules (legítima), which may differ significantly from the testamentary freedom available in many common-law jurisdictions.
At CostaLuz Lawyers, we focus on the harmonisation of international Wills, ensuring that Spanish and foreign Wills work together as part of a single estate plan and that any Professio Juris election is properly drafted and legally effective.
This is general information and does not constitute definitive legal advice. Each case requires individual analysis.
This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
We always recommend personalised review by a qualified professional. For most of our services, initial personalised guidance is free of charge. Get in touch.