Wills & Estates · Spain
Wills lawyers in Spain for Spanish and cross-border estates
Spanish succession law reserves part of your estate for forced heirs, and regional civil rules can change the picture from one area to another. A specialist can explain what applies to you and prepare documents that hold up. Tell us what you need and we match you with a lawyer who handles it.
- Common Civil Code and foral regional rules
- Cross-border successions under Regulation 650/2012
- Inheritance tax and transfers of Spanish property
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Wills & estates
Wills lawyers in Spain: what to expect
A Spanish will has to work within rules that are not the same as those in many other European countries. In the territories governed by the common Civil Code, the legítima reserves two-thirds of an estate for children and descendants, and the surviving spouse has a lifetime usufruct right. Regional civil laws in Catalonia, the Basque Country, Navarre, Galicia and the Balearic Islands coexist with the common code, so the answer often depends on where the deceased lived or where the assets sit. If you own property in Spain, hold assets in more than one country, or expect a dispute among heirs, the details matter. Tell us what you need and we match you with wills lawyers in Spain who handle the situation you describe — free of charge and without obligation.
Spain in practice
How Spanish succession law works
Spain combines a national Civil Code with regional civil laws, and succession is one of the areas where that makes a real difference. Forced heirship, the tax filing window and the formalities for Spanish property all shape what a will can achieve. Here is how the framework works in practice.
Forced heirship: the legítima
Spain limits testamentary freedom. In the common Civil Code regime, the legítima reserves two-thirds of the estate for children and descendants: one third is the strict legítima, and another third may be distributed as a mejora among descendants. The surviving spouse holds a lifetime usufruct right over part of the estate.
Regional civil laws that change the answer
Spain is highly decentralised, and several regions — Catalonia, the Basque Country, Navarre, Galicia and the Balearic Islands — have their own civil-law rules that coexist with the common Civil Code. Regional law also shapes matrimonial property: Catalonia, the Balearic Islands and the Valencian Community apply separation of property by default, which affects how assets are treated in a succession.
Cross-border successions and the choice of law
EU Regulation 650/2012 allows a testator to elect their national law to govern the whole succession. That choice can sit awkwardly with Spanish forced heirship, which is why cross-border estates often turn on which law applies. A lawyer reviews nationality, residence, family situation and the location of the assets before anything is drafted.
Inheritance tax, deeds and Spanish property
Inheritance tax is filed and paid within six months of the death. If the estate includes Spanish real property, transferring or encumbering it requires a public deed (escritura pública) executed before a notary before it can be registered. The Property Registry follows the folio real system, recording rights property by property rather than person by person.
Where succession disputes are decided
Succession disputes are heard at first instance by the Courts of First Instance (Juzgados de Primera Instancia). Appeals go to the Provincial Courts (Audiencias Provinciales), and the Supreme Court (Tribunal Supremo) unifies interpretation through its jurisprudencia. In civil litigation, representation by a procurador and technical direction by an abogado are the ordinary requirements, except in small claims up to €2,000.
Fees, court fees and free legal aid
Court fees (tasa judicial) apply in the civil order only to legal persons; natural persons are exempt. Lawyers’ fees are freely agreed with the client, with non-binding guideline criteria published by the Bar Associations. Free legal aid under Law 1/1996 is available where household income does not exceed a threshold linked to the IPREM, and applications are filed with the Colegio de la Abogacía.
Key time limit — Inheritance, Probate & Wills
Inheritance tax filing and payment — 6 months from death. The window runs from the date of death for filing and paying inheritance tax.
The country data on this page is drawn from official sources — Spanish official bodies (Boletín Oficial del Estado, Consejo General de la Abogacía Española) and the European e-Justice Portal — as consulted at the time of writing.
- European e-Justice Portal — National justice systems: Spain
- Consejo General de la Abogacía Española (CGAE)
- Estatuto General de la Abogacía Española — Royal Decree 135/2021
- Código Civil (succession, legítima and matrimonial property)
- Inheritance tax — Law 29/1987
- Free legal aid — Law 1/1996
- Employment dismissal deadline — Labour Procedure Act
- Administrative appeal deadline — Law 39/2015
Common problems
Why Spanish wills cause trouble for international families
Most difficulties come from three things: forced heirship, a border, and time.
You are not sure what you can actually leave
Spanish forced-heirship rules may reserve a large part of your estate for your children. If you assume that a foreign will simply applies as written, the people you meant to protect can end up with less than you intended.
Your estate crosses a border
A house in Spain, an account abroad, heirs living in two countries. Which law governs, which court hears a dispute and which authority taxes what all depend on facts that are easy to get wrong without local advice.
The family is already in conflict
Disagreements between heirs over the legítima, a usufruct or the valuation of a property usually end up before the Courts of First Instance. Early advice keeps the options open; once proceedings start, the room for agreement narrows.
How we help
Matching you with the right wills lawyer in Spain
One request, reviewed against specialised practices, at no cost to you.
Lawyers admitted in Spain
Every lawyer we match you with is registered with a Colegio de la Abogacía and entitled to practise throughout Spanish territory, including in matters governed by foral regional civil law.
Cross-border experience
We look for practices that deal with Regulation 650/2012, the election of a national law to govern a succession and estates holding assets in more than one country.
Matched to your situation
Describe your case once — drafting, planning, tax or a dispute between heirs. We compare it with specialised services and put you in touch with the lawyers whose practice covers it.
Clarity on costs
You find out how fees are agreed in Spain, what the Bar Associations’ non-binding guideline criteria are, and whether your household income may qualify you for free legal aid.
Other jurisdictions
Cross-border estates we also cover
Successions frequently involve heirs, property or bank accounts in another European country, so pages for these jurisdictions sit alongside our Spanish one.
FAQ
Frequently asked questions about wills in Spain
What do wills lawyers in Spain actually handle?
They draft and review Spanish wills, advise on the legítima and other forced-heirship limits, plan cross-border successions and the choice of governing law, deal with the notary and the Property Registry, prepare inheritance tax filings and, where the family disagrees, represent heirs in the Courts of First Instance and on appeal.
How much of a Spanish estate is reserved for children?
The legítima is the portion a testator cannot freely dispose of. In the common Civil Code regime, children and descendants are entitled to two-thirds of the estate: one third is the strict legítima and another third may be allocated as a mejora among descendants. The surviving spouse holds a lifetime usufruct right.
Can a foreign national choose which law governs their succession in Spain?
EU Regulation 650/2012 allows a testator to elect their national law to govern the whole succession. That election can reduce the effect of Spanish forced heirship, but it has to be handled carefully, especially where property sits in Spain or in several countries. A lawyer checks nationality, residence and asset location first.
Do Spain’s regional civil laws change what a will can do?
Spain is a decentralised state: Catalonia, the Basque Country, Navarre, Galicia and the Balearic Islands have their own civil-law rules coexisting with the common Civil Code. Regional law also affects matrimonial property — Catalonia, the Balearic Islands and the Valencian Community apply separation of property by default — so the region is a decisive fact.
How long do heirs have in Spain to file and pay inheritance tax?
Inheritance tax is filed and paid within six months of the death. Where heirs are non-resident, other Spanish taxes can also apply: non-residents earning Spanish-source income fall under the IRNR, at 19% for EU/EEA residents where there is an effective exchange of tax information and 24% for others.
What does a lawyer in Spain need in order to practise?
Membership of a Colegio de la Abogacía is compulsory to practise in Spain. Qualification requires a Bachelor’s or Grado in Law, the specialised access training (Máster de Acceso a la Abogacía or an equivalent Bar-run course of 90 ECTS) and the state professional aptitude examination under Law 34/2006. The CGAE coordinates the profession.
Free matching
Tell us about your Spanish estate
Whether you are drafting a will over Spanish property, planning a cross-border succession or dealing with disagreement between heirs, describe your situation and we will match you with a lawyer who handles it. There is no charge for the match and no obligation to instruct anyone.