1. Introduction
Since 17 August 2015, EU Regulation 650/2012 has governed expats’ inheritance law in Spain and from then on this law is by default that of your habitual residence.
So if you live in Spain but are originally from another country, this regulation directly affects how your estate is distributed when you pass away.
In many cases, expats can choose whether Spanish inheritance law or the law of their country of nationality should apply to their estate.
2. What does EU Regulation 650/2012 say about inheritance law for expats in Spain?
The regulation requires a single law to govern the entire succession. By default, the applicable law is that of the country of habitual residence at the time of death which is often the Spanish one for many expats.
The legal option: inheritance law for expats in Spain vs. national law
You may opt to have the law of your nationality (for example, UK, USA, Germany) govern your entire estate.
This choice must be expressly stated in your will as the EU regulation applies even if you are a citizen of a non-EU country residing in Spain (for example, UK, USA, Australia).
3. Why should expats make this choice?
- Spanish inheritance law is restrictive. Summarizing brutally basically two-thirds of your estate must go to your children and other close relatives under forced heirship rules thus you cannot freely distribute those assets unless you choose a different legal system.
- Your national law may offer flexibility. Many countries (including the UK, USA, Germany) allow you to distribute your estate more freely. If you make no legal choice, Spanish law could override your personal wishes.
4. Practical example
- Let’s say that Mark, a British national living in Alicante, dies without any will specifying which law applies to his estate. By default, Spanish law governs under EU Regulation 650/2012 therfore his children are entitled to fixed shares — potentially against his wishes.
- If Mark had clearly stated in his Spanish will that UK law applies, he could have distributed his estate more freely, for example, leaving additional assets to his spouse or to a favorite charity
5. What should expats living in Spain do?
Here’s a simple checklist:
- Review your will. Ensure it includes a clause explicitly stating your chosen law (for example, “I choose UK law to govern my succession”).
- Make your will valid in Spain. Sign it before a Spanish notary to make a so called open will. There are other types of will though. For example, the hadnwritten will which basically it is a will in which the testator and the content and the date are handwritten. You can find more information in this othe post. This kind of will had a boom during covid naturally.
6. Common concerns
- “I’m British, and Brexit happened. Does this still apply?”
Yes. Although the UK opted out of the Regulation, if you’re resident in Spain and make no choice of law, EU Regulation 650/2012 applies. Its extraterritorial effect covers any person living in Spain without a personal-law choice. - “What if I already have a will from my home country?”
That will should suffice. It should be enough. The EU Regulation has a closing clause sorting this out. Article 83.- Transitional provisions, number 4 (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32012R0650) says: - “If a disposition of property upon death was made prior to 17 August 2015 in accordance with the law which the deceased could have chosen in accordance with this Regulation, that law shall be deemed to have been chosen as the law applicable to the succession”. This is, if a person made a will before August the 17th 2015 which content matches whether the law of his nationality at the time of when they made the will or the nationality of the person when they passed away, it must be understood that they made a tacit choice of law and that law must rule the succession.
7. Conclusion
If you’re a foreign national living in Spain, understanding inheritance law for expats in Spain can make all the difference to how your assets are distributed
This choice can dramatically affect how your assets are distributed and who inherits what.
Don’t leave it to chance. Cross-border inheritance matters are complex, and proper planning with a Spanish inheritance attorney is crucial.
Should you have any queries, feel free to contact us.