Last updated: 14 October 2025
Spain • UK • US
Owning a home in Spain, investments in the UK, or a trust in the US shouldn’t turn your legacy into a paperwork maze. Different systems (Common Law vs Civil Law) do play by different rules, but with the right plan your wishes can travel well—and your family won’t be left juggling procedures in three languages.
Why this matters
Common Law countries like the UK and US give you broad freedom to decide who gets what. Civil Law countries such as Spain reserve a protected share for close family (forced heirship). If your assets live in both worlds, a plan that ignores these differences can create delays, disputes, and tax surprises.
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 →
How the systems differ (in plain English)
- Common Law (UK/US): flexible distribution, trusts are common, probate is typical.
- Civil Law (Spain/France): forced heirship protects part of the estate for children (and often grants rights to spouses), whether or not your will says otherwise.
- Spain in practice: Spanish assets can be pulled into Spain’s rules.
- EU Regulation 650/2012 (professio iuris): you can elect the law of your nationality to govern your estate. Done well, this reduces friction across borders.
- Trusts: familiar in the UK/US; not broadly recognised in Spain—so cross-border coordination is key.
Where estates usually stumble
- A UK/US “free” will vs Spain’s legítima. Good people, good intentions—then the documents collide.
- Uncoordinated documents. Two wills that accidentally revoke each other is a classic own goal.
- Trusts meeting Spain. They can still work—if the interface is designed carefully.
- Tax in stereo. Inheritance tax, IBI, non-resident income tax, and rules in the heirs’ country. Without a map, it’s guesswork.
How we make it seamless
- We align your wills—by country and by scope.
Clear territorial limits, non-revocation clauses, and a clean inventory of assets and ownership (personal, joint, company, trust). - We choose the right law (professio iuris) when it helps.
If you can elect the law of your nationality, we document it properly and keep every will consistent with that choice. - We respect trusts—and Spain.
Trust assets sit where they’re recognised; for Spain-facing goals we build sensible bridges or consider local alternatives (e.g., foundations or corporate structures). - We map the taxes before they map you.
Spanish inheritance and regional reliefs, IBI, non-resident income tax, possible wealth tax, plus treaties to prevent double taxation.
Quick FAQ (real questions, straight answers)
Do Spain’s forced-heirship rules still bite if I have a UK/US will?
They can for Spanish assets. A well-framed professio iuris often reduces the impact—documents must be in sync.
Can I have multiple wills?
Yes, and often you should. Each must ring-fence its territory and not revoke the others.
Are trusts recognised in Spain?
Not generally. You can still use UK/US trusts, but expect extra steps for Spanish assets. Sometimes a local structure serves the goal better.
Will there be probate everywhere?
Likely. UK/US probate is common; Spain has its own acceptance-of-inheritance process. Good drafting speeds both up.
Can I lower the tax burden for my heirs?
Often—through timing (gifts in life), structure, available reliefs, and treaty use. The best route depends on values, residency, and relationships.
About CostaLuz Lawyers
We design cross-border estate plans that work in Spain, the UK, and the US—without drama. You’ll get plain language, firm coordination, and documents that behave when needed.
María Luisa de Castro
CEO & Founder (lawyer since 1998)
International Estate Planning, made human
Spain • UK • US
Owning a home in Spain, investments in the UK, or a trust in the US shouldn’t turn your legacy into a paperwork maze. Different systems (Common Law vs Civil Law) do play by different rules, but with the right plan your wishes can travel well—and your family won’t be left juggling procedures in three languages.
Why this matters
Get a free written analysis of your case
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).
Email your case → marialuisa@costaluzlawyers.es · WhatsApp · Book the optional intro call
Common Law countries like the UK and US give you broad freedom to decide who gets what. Civil Law countries such as Spain reserve a protected share for close family (forced heirship). If your assets live in both worlds, a plan that ignores these differences can create delays, disputes, and tax surprises.
How the systems differ (in plain English)
- Common Law (UK/US): flexible distribution; trusts are common; probate is typical.
- Civil Law (Spain/France): forced heirship protects part of the estate for family, regardless of your will.
- Spain in practice: Spanish assets can be pulled into Spain’s rules.
- EU Regulation 650/2012 (professio iuris): elect the law of your nationality to govern your estate.
- Trusts: familiar in the UK/US; not broadly recognised in Spain—coordination is key.
Where estates usually stumble
- A UK/US “free” will vs Spain’s legítima: good intentions, colliding rules.
- Uncoordinated documents: two wills that accidentally revoke each other.
- Trusts meeting Spain: they can work with careful design or local alternatives.
- Tax in stereo: inheritance tax, IBI, non-resident income tax, and rules in the heirs’ country.
How we make it seamless
- Align wills by country and scope: territorial limits, non-revocation clauses, and a clean asset inventory (personal, joint, company, trust).
- Choose the right law (professio iuris): declare it properly and keep every will consistent.
- Respect trusts—and Spain: keep trust assets where they’re recognised; build sensible bridges or use local alternatives when needed.
- Map taxes first: Spanish inheritance and regional reliefs, IBI, non-resident income tax, potential wealth tax, plus treaties to prevent double taxation.
Quick FAQ
Do Spain’s forced-heirship rules still apply if I have a UK/US will?
They can for Spanish assets. A well-framed professio iuris often reduces the impact—documents must be in sync.
Can I have multiple wills?
Yes. Each must ring-fence its territory and not revoke the others.
Are trusts recognised in Spain?
Not generally. You can still use UK/US trusts, with extra steps for Spanish assets. Sometimes a local structure is better.
Will there be probate everywhere?
Likely. UK/US probate is common; Spain has its own process. Good drafting speeds both up.
Can I lower the tax burden for my heirs?
Often—through timing (gifts in life), structure, available reliefs, and treaty use. It depends on values and residency.
About CostaLuz Lawyers
We design cross-border estate plans that work in Spain, the UK, and the US—without drama. Plain language, firm coordination, and documents that behave when needed.
María Luisa de Castro
CEO & Founder (lawyer since 1998)
Spanish property, immigration, and consumer-protection focus.
📧 marialuisa@costaluzlawyers.es
Ready when you are
1) 30-minute asset & goals review
2) Strategy that respects your wishes and each country’s rules
3) Drafting coordinated with your UK/US advisers
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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.
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.
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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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