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This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
Background
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A British citizen who later acquired Spanish nationality passed away in Madrid, where they had their last habitual residence. The deceased left behind a spouse and two children from a previous relationship. A privately typed will was presented, naming the spouse as the sole heir. However, the will lacked the required witness signatures under English law and did not meet the formal requirements of Spanish law. As a result, the inheritance had to be processed intestate.
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.
Legal Analysis
Determining Applicable Law
According to Article 9.9 of the Spanish Civil Code, once Spanish nationality is acquired, it becomes the relevant nationality for legal matters under Spanish jurisdiction.
Under the EU Succession Regulation (No. 650/2012), the applicable law in cross-border succession cases is generally the law of the last habitual residence of the deceased, which in this case is Spain.
However, under English succession law, a distinction is made between the inheritance of immovable and movable property. Immovable property is governed by the law of the country where it is located, while movable property is subject to the law of domicile.
Validity of the Will
The 1961 Hague Convention on Testamentary Dispositions allows a will to be considered valid if it complies with the laws of the testator’s nationality, residence, or location of assets.
The presented will did not meet the formal requirements of either Spanish or English law:
- It was not a notarial or holographic will under Spanish law.
- It lacked witness signatures, making it invalid under the Wills Act 1837 (UK).
Outcome and Legal Strategy
Since the will was invalid, intestate succession rules applied:
- Spanish Law: Under intestate rules in Spain, the deceased’s children inherit the estate, with the surviving spouse entitled only to a usufruct over one-third of the estate.
- English Law: Under intestate succession in England and Wales:
- The spouse is entitled to the first £322,000 of the estate.
- Any remaining assets are divided, with half going to the spouse and the other half to the children.
- If the property was jointly owned as joint tenants, it would pass directly to the surviving spouse outside the inheritance process (right of survivorship).
Key Considerations for the Surviving Spouse
The joint ownership rule in English law ensured that the family home, located in the UK, automatically passed to the spouse without needing to be included in probate.
Joint bank accounts in the UK were also automatically transferred to the surviving spouse.
Since the majority of assets were in the UK and intestate English law was more favorable to the surviving spouse than Spanish law, it was advised that probate be conducted in the UK.
The spouse was advised to work with a probate solicitor in the UK to manage the process efficiently.
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For a complete overview of wills and inheritance in Spain, see our Spanish Wills & Testament Guide 2026.
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.
Dealing with an inheritance in Spain?
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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.
If the estate in question carries significant debts, remember that Spanish law lets an heir formally decline it — see how to disclaim an inheritance in Spain to avoid the debts.