Inheritance of British Citizens Residing in Spain: Which Law Applies?

If you’re a British citizen living in Spain, and you own property or assets here, it’s essential to understand which legal system governs your estate in the event of death. Spanish and British inheritance laws differ significantly, and the applicable law can have major consequences for your heirs. In this article, we explain the legal framework that applies to British expats in Spain and how to plan your inheritance accordingly.

Which inheritance law applies to British citizens in Spain?

Following the enforcement of the EU Succession Regulation (Regulation 650/2012), the general rule is that the law of the country where the deceased had their habitual residence will apply to their entire estate — even if they are not EU citizens.

This means that, unless stated otherwise, Spanish inheritance law applies to British residents who die in Spain.

📞 Are you a UK citizen living in Spain? Our lawyers help you structure your will under the most favorable legal system.

Can I choose UK law instead of Spanish law?

Yes. The EU Regulation allows foreign residents to elect the law of their nationality to govern their succession. This declaration, known as the professio iuris, must be expressly stated in a valid will.

For example:

A British citizen residing in Alicante can include a clause in their Spanish will indicating that UK law will apply to their estate.

This is especially important because Spanish law imposes forced heirship rules, which may contradict your personal wishes.

📞 Avoid unpleasant surprises. We draft wills for British expats with express choice of UK law.

What happens if I don’t make this choice?

If you don’t include a professio iuris, Spanish law will automatically apply. This includes:

The mandatory distribution of assets (legítima) to children and spouses.
Restrictions on full testamentary freedom.
Potential inheritance tax liabilities that vary by region.

📞 Our lawyers help you align your inheritance planning with your intentions and protect your beneficiaries.

What about inheritance tax?

Even if UK law governs the succession, Spanish inheritance tax applies to assets located in Spain or to heirs who reside in Spain. The tax is regulated at both national and regional levels, with important differences in tax reliefs and exemptions.

📞 Need help navigating Spanish inheritance tax as a British citizen? Request a personalized tax assessment.

📞 We speak English and understand both UK and Spanish legal frameworks. Book your consultation now.

📞 Is your property in Spain included in your UK will? Learn how to avoid conflicts and delays.

📞 We provide bilingual legal support for cross-border estates. First consultation is free.

📞 Leaving assets in Spain? Don’t wait — our lawyers help you protect your wishes and your family.

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📍 Calle Doctor Esquerdo nº 29, 1º D, 28028 Madrid
📧 Email: [email protected]
📞 Phone: +34 91 713 18 98
🌐 www.tuabogadodefensor.com