Estate Planning · Spain
Find an estate planning lawyer in Spain
Spanish succession rules reserve part of your estate for forced heirs and set firm tax deadlines. Tell us what you own and where your family lives, and we match you with a lawyer who handles estate planning in Spain.
- Wills, legítima and cross-border succession
- Inheritance tax and non-resident income tax
- Lawyers registered with a Spanish Colegio de la Abogacía
Free matching · No obligation · Usual first response within 24–48 hours
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Why this matters
Planning an estate under Spanish law
Estate planning in Spain sits at the meeting point of the Civil Code, regional civil laws and tax rules that can surprise families used to full testamentary freedom. If you own property, hold savings or have relatives in Spain, a lawyer who understands the legítima, the six-month inheritance tax window and the choice of law available under EU Regulation 650/2012 is worth far more than a template will. On this page you can describe your situation in a few minutes and we match you with an estate planning lawyer in Spain whose practice covers wills, succession, matrimonial property and cross-border estates. Matching is free, there is no obligation to instruct, and you decide whether to continue once you have spoken to the lawyer.
Spain in detail
How estate planning works in Spain
Spanish estate planning is shaped by a civil-law code, a strong notarial tradition and regional rules that differ from one Autonomous Community to another. The notes below set out the framework a lawyer works within, from forced heirship and matrimonial property to tax deadlines and procedural costs.
Forced heirship: the legítima you cannot ignore
In the common Civil Code regime, testamentary freedom is restricted by the legítima: children and descendants are entitled to two-thirds of the estate, one third as strict legítima and one third distributable as mejora among descendants, while the surviving spouse keeps a lifetime usufruct. Because EU Regulation 650/2012 lets a testator elect their national law to govern the succession, cross-border families often have room to plan.
Your region decides the default rules
Spain is a decentralised state, and several foral territories — Catalonia, the Basque Country, Navarre, Galicia and the Balearic Islands — apply their own civil-law rules alongside the common Civil Code. Matrimonial property shows why this matters: under the common regime the default is the sociedad de gananciales, whereas Catalonia, the Balearic Islands and the Valencian Community default to separation of property.
Taxes and deadlines that shape the plan
Inheritance tax is filed and paid within six months of death, so the liquidity of the estate matters from day one. Non-residents with Spanish-source income fall under the Non-Resident Income Tax: 24% for taxpayers resident in non-EU/EEA countries and 19% for EU/EEA residents where there is an effective exchange of tax information, with capital gains, dividends and interest generally at 19%. Unrented property owned by a non-resident also triggers deemed income.
The notary and the Property Registry
Transfers and encumbrances of Spanish real property require a public deed (escritura pública) executed before a notary in order to be registered. The Land Registry uses the folio real system: each property has its own folio recording successive rights and charges, with the presumption of accuracy and protection for good-faith third parties. Since the 2024 reform of the Mortgage Law, the Registry is managed electronically.
Who may advise you, and what it costs
Membership of a Bar Association (Colegio de la Abogacía) is compulsory in order to practise law in Spain, and registration with a single Colegio is enough to practise nationwide. In civil matters an abogado and a procurador are generally required, except in small claims up to €2,000. Lawyers’ fees are freely agreed, court fees fall only on legal persons, and free legal aid is available subject to an income test.
Key time limit — Inheritance, Probate & Wills
Inheritance tax filing and payment — 6 months from death. The estate must settle inheritance tax within this window, which is why early liquidity planning matters.
Country details on this page are drawn from official Spanish and EU sources — the e-Justice European Judicial Network, the Spanish Official State Gazette (BOE) and the Spanish Tax Agency (AEAT) — last consulted in 2025.
- European e-Justice Portal — National justice systems: Spain
- Estatuto General de la Abogacía Española (Royal Decree 135/2021)
- Spanish Civil Code (Código Civil) — succession, matrimonial property and the Property Registry
- Spanish Inheritance and Gift Tax Law (Ley 29/1987)
- Spanish Tax Agency (AEAT) — Non-Resident Income Tax rates
- Law 1/1996 on free legal aid (asistencia jurídica gratuita)
Common situations
What families usually bring to us
Most enquiries about Spanish estates start with one of three questions.
Blended and cross-border families
You live outside Spain, or your children do, and you are not sure whether Spanish succession law or the law of your nationality will govern the estate. Establishing which rules apply comes before any document is drafted.
Spanish property and tax exposure
A flat on the coast, a Spanish bank account or an unrented property can create tax duties for heirs living abroad. The filing window is short and the paperwork involves both the tax authority and the notary.
Wills that do not fit Spanish rules
A will drafted abroad may collide with the legítima or with the matrimonial property regime that applies in your region, leaving heirs to negotiate instead of inheriting what you intended.
How we help
Matching you with the right practitioner
We look at your situation first, then introduce you to a lawyer whose practice fits it.
Practising lawyers only
Every lawyer we match is a member of a Spanish Colegio de la Abogacía, which is compulsory in order to practise law in Spain.
Regional expertise
Foral territories such as Catalonia, the Basque Country, Navarre, Galicia and the Balearic Islands apply their own civil-law rules, so we look for lawyers used to the rules where your assets sit.
Cross-border experience
If you live abroad or hold assets in several countries, we look for practices familiar with EU Regulation 650/2012 and with non-resident income tax exposure.
One short brief
You describe your situation once, and we introduce you to a lawyer whose practice covers wills, succession and estate tax. Matching is free and you decide whether to instruct.
Also available
Estate planning across Europe
We work with specialised lawyers in other European jurisdictions as well, which helps when your family or assets are spread over more than one country.
Questions
Estate planning in Spain: frequently asked questions
What does an estate planning lawyer in Spain do?
A Spanish lawyer helps you structure a will, understand the legítima reserved for forced heirs, plan for inheritance tax within the six-month filing window, and coordinate the notarial deeds and registry steps that follow. Where your family or assets cross borders, the lawyer also advises on which succession law applies.
How much of my estate must go to my children under Spanish law?
In the common Civil Code regime, children and descendants are entitled to two-thirds of the estate: one third as strict legítima and one third that may be distributed as mejora among descendants, while the surviving spouse holds a lifetime usufruct. Foral territories such as Catalonia or the Basque Country apply their own rules.
Can I choose the law of my nationality to govern my succession?
EU Regulation 650/2012 allows a testator to elect their national law to govern the succession, which is a route many foreign nationals with Spanish assets consider. The election has to be properly drafted, and the forced-heirship rules of the chosen law should be checked before signing.
When must inheritance tax be paid in Spain?
Filing and payment fall due six months from the date of death. Because heirs may need to sell or mortgage an asset to raise the funds, the tax position is usually reviewed early, together with any non-resident income tax exposure connected to Spanish property.
Does it matter which part of Spain my property is in?
Yes. Spain is highly decentralised, and foral territories including Catalonia, the Basque Country, Navarre, Galicia and the Balearic Islands have their own civil-law rules. The default matrimonial property regime, for instance, is separation of property in Catalonia, the Balearic Islands and the Valencian Community, while the common regime uses sociedad de gananciales.
What does it cost to be matched with a lawyer?
Matching is free and carries no obligation. Lawyers’ fees in Spain are freely agreed between lawyer and client, and bar associations publish only non-binding guideline criteria. If your means are limited, free legal aid under Law 1/1996 may cover a lawyer, a procurador and procedural costs, subject to an income test.
Next step
Speak to an estate planning lawyer in Spain
Describe your estate, your heirs and any property you hold in Spain, and we will match you with a lawyer who works on succession and estate planning there. The matching is free, and you choose whether to go ahead.