How Inheritance Works in Spain: A Beginner’s Guide

Key Features of Spanish Inheritance Law

• Forced Heirship: Spain has a “forced heir” system. This means certain relatives (primarily children, or parents if there are no children) are legally entitled to a portion of the estate, no matter what your will says. In practice, if you have children, you cannot leave all your assets to someone else – the law reserves a part for them. This is a big difference from countries like the UK or US where you have more freedom. We’ll explain the portions in a moment.
  
  

• Role of Spouses: The surviving spouse in Spain does not automatically inherit everything. In fact, without a will, the spouse may rank behind children and even parents in the order of inheritance. However, the spouse often has rights to a usufruct (a life interest) in part of the estate rather than full ownership (more on this below).
  
  

• Regional Variations: Spain’s national Civil Code governs inheritance in most regions, but some Autonomous Communities (like Catalonia, Navarre, Basque Country, etc.) have their own inheritance rules. These regional laws can slightly alter heirship rules or forced shares. For this guide, we focus on the general Civil Code rules that apply in most of Spain.
  
  

• Importance of a Will: While not mandatory, having a Spanish will is highly recommended (HerenciasPlus.com and similar sites strongly emphasize making a will). A will ensures your wishes are clear and can simplify the process for your heirs. Without a will, Spanish intestacy laws decide who gets what, which might not match your intentions.
  
  

What Happens If There Is No Will?

Dying without a will in Spain means the estate is distributed according to a fixed legal order (intestacy rules). Spanish law has a strict hierarchy of heirs:

1. Children and Their Descendants: If you have children, they inherit everything, divided equally (subject to the spouse’s rights to certain life interests). Grandchildren take the share of a predeceased child.
   
   

2. Parents and Ascendants: If no children (or grandchildren) exist, the next in line are the parents of the deceased (and if they’re not alive, then the grandparents, etc.). They can inherit up to half the estate if there’s also a surviving spouse.
   
   

3. Spouse: If there are neither descendants nor ascendant parents/grandparents, the surviving spouse inherits. (When children or parents exist, the spouse’s share is limited; for example, with children, a spouse might only get a life interest in part of the estate, not full ownership.)
   
   

4. Siblings, Nieces and Nephews: If no close family above, the law then passes the estate to siblings, or nieces/nephews if siblings are also deceased.
   
   

5. The State: In the very rare case of no qualifying relatives at all, the Spanish State inherits the estate.
   
   

Example: Juan dies without a will. He leaves two children and a wife. By law, his two children will inherit the ownership of his assets (divided equally). His wife does not inherit assets outright in this scenario; instead, she gets a usufruct (life use) of one-third of Juan’s estate (she can use that portion or receive income from it during her lifetime, but the ownership will ultimately go to the children). If Juan had no children, but his elderly mother survives him, then his mother and his wife would share the estate (his mother could take half, and his wife the other half, possibly as a mix of ownership and life interest). This rigid order often surprises foreigners. It’s one reason Spanish wills are crucial – to clarify and legally structure who should get what.

If You Have a Will: What You Can and Can’t Do

Making a will in Spain gives you more control, but you still must respect the forced heir rules. Under the Civil Code’s standard rules (for regions without special laws), your estate with a will is conceptually split into three equal portions:

• One-Third “Legítima” (Legitime): This portion is reserved for your forced heirs (children, or if none, parents). It must be divided equally among them. You have no say over this part – by law it goes to them. If you have two children, for example, they get one-third of your estate, split 50/50, no matter what. No arguments on this portion.
  
  

• One-Third “Mejora” (Improvement): This is also for the benefit of forced heirs, but you as the testator can decide how to allocate this part among those heirs. You might give it all to one particular child or split unequally to “improve” one heir’s share over others. This portion lets you favor, say, a child who took care of you, but you can’t give it to someone who isn’t a statutory heir. If you don’t specify, it generally just is shared like the legítima.
  
  

• One-Third “Libre Disposición” (Free Disposal): This is the free portion – you can leave this part to anyone you want. It could be your spouse, another relative, a friend, a charity, etc. There are no restrictions on who can inherit this part. It’s your wildcard portion of the estate
  
  

These rules illustrate why your freedom is limited. For example, with children, at least two-thirds of your estate ultimately goes to them (one-third equally, and another third you can allocate among them as you wish). You could, in your will, leave the “free disposal” third entirely to your spouse (or anyone else) if you want to give your spouse something. But you cannot disinherit your children completely without a legally recognized cause. If you try to ignore these rules in your will, the disenfranchised heirs can challenge it and have the will’s provisions adjusted to give them their legal share.

Spouse’s Rights: The surviving spouse’s position under a will deserves attention. In the Spanish Civil Code system, the spouse is not a forced heir to a portion of the estate in full ownership, but is given a usufruct right. Commonly, if you leave behind children, your spouse has a life usufruct of one-third of the estate (often the part corresponding to the “mejora” or improvement portion). This means the spouse can, for life, use assets in that third or get income (for example, live in a house or collect interest/dividends), but when the spouse dies, that third goes to the children. If there are no children but surviving parents, the spouse gets a usufruct of half the estate. These default rights can be modified by will (for instance, you might use your will to give the spouse the free disposal third outright, plus perhaps the usufruct of the rest). It’s a bit technical, but the key point is: spouses are protected to an extent (they won’t be left with nothing), but they often share the inheritance with children or parents.

(Note: In some regions like Catalonia or others, the rules on forced shares and spouse’s rights differ – for example, Catalonia’s legítima is 25% of the estate to children, not 33%, and the spouse has different rights. But the idea of reserved shares remains.)

Tips for Newcomers

• Make a Spanish Will: If you have any assets in Spain (property, bank accounts, etc.), strongly consider making a Spanish will covering those assets. It simplifies things. As many legal advisors note, and as resources such as HerenciasPlus.com stress, a Spanish will written and executed before a notary will speed up the process for your heirs and ensure Spanish assets are handled according to your wishes. (Don’t worry – having a Spanish will does not void your will from back home, as long as it’s properly drafted. You can have separate wills for different countries.)
  
  

• Understand Forced Heirs: Plan with the knowledge that you can’t completely cut out children or other close relatives who are “forced” heirs under Spanish law. If you’re an expat and don’t want Spanish law to dictate this (maybe you prefer the inheritance law of your home country which has no forced heirship), there is a solution under EU rules – you can elect in your will for your national law to apply. We will discuss that in a later article (see the post on EU Regulation 650/2012 in this series), but it must be explicitly stated in your wil. If you don’t make that choice, and you are considered habitually resident in Spain, Spanish law will apply by default – possibly overriding an overseas will’s terms.
  
  

• Intestacy is Not Ideal: Dying without a will (intestate) can lead to outcomes you might not want. For example, if you’re unmarried with a long-term partner, that partner would not inherit anything under Spanish intestacy law – the estate would go to your blood relatives (perhaps parents or siblings). A will is crucial to protect a partner or friends or charities, etc. Also, intestacy can require a notarial or court procedure to declare heirs, which is an added step (and cost).
  
  

• Notaries and Process: In Spain, inheritance is not handled by a single “probate court” as in some countries. Much of the process is administrative, done via a notary. The notary will formalize the acceptance of inheritance in a public deed (escritura) once all heirs are known and the will (if any) is located. This deed is what transfers the property to the heirs. Knowing this can reassure you that, as long as paperwork is in order, the system is designed to eventually get assets to the rightful heirs (even if it’s a bit bureaucratic).
  
  

Conclusion: Spanish inheritance law aims to protect family members – ensuring spouses and children are provided for – which is why it imposes those forced heir rules. As a beginner, remember the key points: if you have a Spanish asset, make a will; know that you can’t sidestep your kids or spouse easily in that will; and be aware of the legal order if there’s no will. Planning ahead avoids headaches for your loved ones. With the basics covered in this guide, you can delve deeper into specifics like taxes or special cases (which we’ll cover in other articles). And of course, if in doubt, seek professional advice – inheritance law is complex, but with proper planning it can be managed smoothly. (For more reading, sites such as ImpuestosHerencias.es and PlusvaliaFacil.com provide additional insights, especially on tax implications of inheriting in Spain.)