Living in Spain? How European Law Affects Your Succession Planning

If you’re living in Spain, whether as a retiree or as a foreign national with assets here, understanding how succession law works is crucial. In Spain, inheritance laws are influenced by both national and European regulations, which can make the process a bit tricky, especially when it comes to cross-border issues.

Important: Spanish succession follows two distinct paths depending on whether the deceased left a valid will (testate) or not (intestate). The intestate path requires a Declaration of Intestate Heirs (Declaración de Herederos Abintestato) — a step not needed when a will exists. Learn more about the succession process →

In this post, we’ll explain how European law affects your inheritance planning in Spain and why it’s essential to consider designating the applicable law for your estate.

The Role of European Law in Succession Planning

The key piece of legislation that governs cross-border succession in the European Union is Regulation (EU) 650/2012. This regulation, commonly known as Brussels IV, was introduced to streamline and simplify the succession process for EU citizens who have assets in more than one country. It sets out clear rules about which country’s laws will apply to a person’s estate when they pass away, especially if they live in one country but have assets in others.

Under the regulation, the default rule is that the law of the country where the deceased was habitually resident at the time of their death will apply to their entire estate. This means that if you live in Spain, Spanish law will govern your succession, even if you are not a Spanish national. However, there’s an important exception—you can choose the law of your nationality to apply to your estate, as long as you clearly state it in your will.

Why Spanish Succession Law Can Be Tricky

Spanish inheritance law includes provisions that may not align with the laws of your home country, especially if you come from a place where inheritance rules are more flexible. One of the most significant differences is the concept of forced heirs (herederos forzosos). This means that certain family members—primarily children, spouses and ascendants in some cases—are legally entitled to a share of your estate, no matter what your will says.

In Spain, your estate is divided into three parts:

• The legítima (forced share): This is the portion of your estate that must go to your children or direct descendants. Even if you want to leave everything to a friend or a charity, Spanish law requires you to leave a part to these forced heirs.
• The mejora (improvement): This allows you to favor one or more heirs (typically children) over others, but only within the boundaries of the forced share.
• The tercio de libre disposición (free disposal share): This is the part of your estate that you can leave to anyone you choose—family, friends, or a charity—without restrictions.

If you’re from a country where you can freely leave your estate to anyone, including non-family members, this part of Spanish law might come as a surprise. To avoid complications, it’s essential to consider how Spanish law will affect your succession and how to plan for it.

The Importance of Choosing the Right Law for Your Succession

While Spain’s succession laws may not align with the laws of your home country, the good news is that European law gives you the flexibility to choose which country’s laws govern your estate. This can be specially important for retirees and foreign nationals who wish to bypass Spain’s forced heirship rules.

By designating the law of your nationality in your will, you can ensure that your estate will be handled according to the inheritance laws of your home country, where you may have more flexibility in how your assets are distributed. For example, if you’re a British citizen living in Spain, you can specify that UK law applies to your estate, which may allow you to distribute your assets without being bound by Spain’s forced heirship provisions.

How to Ensure Your Wishes Are Honored

To ensure that your estate is handled according to your wishes, it’s essential to clearly state the applicable law in your will. This is particularly important if you have assets in more than one country or if you are not a Spanish citizen. When drafting your will, make sure to include a clause specifying that the law of your nationality will govern the distribution of your estate.

You can work with a lawyer who specializes in international inheritance law to ensure that your will is legally sound and reflects your intentions. This will help avoid complications for your heirs and give you peace of mind that your estate will be managed the way you want.

Conclusion

Living in Spain means you’re subject to Spanish succession law, but European law offers the option to choose the law of your nationality to govern your estate. Whether you’re a retiree, a foreign national, or someone with assets across multiple countries, understanding how European law impacts your succession planning is essential.

Don’t leave your estate to chance—make sure your will reflects your true wishes. If you’re unsure about how to navigate Spain’s succession laws or need help designating the right law for your estate, get in touch today. Our experts can guide you through the process and ensure your estate is handled smoothly and according to your preferences.

For a complete overview of wills and inheritance in Spain, see our Spanish Wills & Testament Guide 2026.

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.