We see the same story on repeat: the expat who bought in Sotogrande ten years ago, loved the house, and never made a Spanish will. When they die, the family inherits not just the property but a cross-border legal problem that was entirely avoidable — and far cheaper to solve while everyone is still here to sign.
If you own property in Cádiz, three succession questions decide everything
1. Which country’s law governs your estate?
Under the EU Succession Regulation (Brussels IV, Reg. 650/2012), you can elect in your will for the law of your nationality to govern your whole estate instead of Spanish law. For a British or Irish owner that choice changes who inherits — Spanish law imposes forced heirship, your home law may not. Making the election explicitly in a Spanish will is the single most important step.
2. How much inheritance tax will your heirs actually pay?
Andalucía applies a 99% bonification on the inheritance-tax bill for close family — spouses, children and parents (Groups I and II) — on top of a reduction of up to €1 million per heir. Crucially, non-resident heirs are entitled to apply these Andalusian rules on the same terms as residents. A well-planned estate in Cádiz often passes to close family with very little tax — but only if it is structured correctly.
3. How did you and your spouse buy it?
Whether the property was bought under separation of assets or community property (gananciales) determines who owns what on death — and therefore what actually passes under the will. This trips up UK and Irish buyers in particular, whose home systems have no equivalent of gananciales. The ownership structure at purchase and the will have to work together.
If you already own in the province — see our guide to buying in Cádiz by property type — the planning is straightforward now and expensive later. Book a 30-minute session to review your situation before it is too late to make it simple. For the full picture, see our Spanish inheritance guide.
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Email your questions to marialuisa@costaluzlawyers.es and our team gives you a free, personalised written analysis — you can attach any documents or forms. Once everything is clear in writing, we offer an optional free introductory call. The initial written analysis carries no fee (international tax consultancy starts from €200 + VAT).
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Frequently asked questions
Which country’s law governs your estate?
Under the EU Succession Regulation (Brussels IV, Reg. 650/2012), you can elect in your will for the law of your nationality to govern your whole estate instead of Spanish law. For a British or Irish owner that choice changes who inherits — Spanish law imposes forced heirship, your home law may not. Making the election explicitly in a Spanish will is the single most important step.
How much inheritance tax will your heirs actually pay?
Andalucía applies a 99% bonification on the inheritance-tax bill for close family — spouses, children and parents (Groups I and II) — on top of a reduction of up to €1 million per heir. Crucially, non-resident heirs are entitled to apply these Andalusian rules on the same terms as residents.
How did you and your spouse buy the property?
Whether the property was bought under separation of assets or community property (gananciales) determines who owns what on death — and therefore what actually passes under the will. This trips up UK and Irish buyers in particular, whose home systems have no equivalent of gananciales.
This article is general information and does not constitute legal advice — every property, estate and buyer’s situation requires individual analysis. Tax and succession figures cited (regional ITP, plusvalía, Andalusian inheritance-tax bonification, Brussels IV) reflect rules in force in 2026 and are pending María’s §72 confirmation; verify your specific position before acting. Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers (ICA Cádiz 2745).
Related reading
For our complete guide to buying luxury property in Spain →
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Client line (EN/ES): +34 919 499 342 · marialuisa@costaluzlawyers.es · Costaluz Lawyers — María Luisa de Castro, ICA Cádiz nº 2745.
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.
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