Spain Explained

Understanding Spanish inheritance law

Last updated on May 4th, 2020 at 03:49 pm.

Spanish inheritance law is different from other European nations, so it’s important you understand the nuances when putting your affairs in order. 

It might not be the most cheerful subject, but it is important that you make sure that you understand Spanish law when you’re writing your will. Taking action now can ensure that your wishes are fulfilled and your assets are protected for your nearest and dearest. In this guide to Spanish inheritance law, we provide you with some general advice. In this overview we outline some of the most important facts surrounding:

  • Spanish succession laws
  • Making a will in Spain
  • Inheritance tax
  • Donating property
New Call-to-action

That said, every case is unique and you should consult an expert about your specific circumstances. Therefore, reading this guide will help you familiarise yourself with Spanish law and help you prepare some questions for your solicitor.

Spanish succession laws

In the UK and Ireland, the succession law allows you to leave your estate to whoever you wish. However, in some countries, there are limitations. For example, Spanish succession law is different. In Spain, children and spouses are the ‘legal beneficiaries’. As a result, you’ll only have one-third of your property left to bequeath as you like.

From the 17th August 2015, Spanish residents who are nationals of another European country must state clearly on their will if they wish their own country’s inheritance laws to apply. If you have no will at all, then Spanish law automatically applies. Therefore, it is very important to make sure your affairs are in order if you’re retiring in Spain.

Making a will in Spain

There are many benefits to writing a Spanish will. First and foremost, it simplifies the inheritance process for your beneficiaries. As the documentation is already assembled, the procedure will be less complex and therefore, much faster. Preparing your will also gives you the opportunity to discuss the issue with an expert. They’ll be able to fully explain the implications of Spanish inheritance law. For instance, there are ways you can adjust your will to ensure that inheritance tax is kept to a minimum; one is to share your property out between several people. This can mean that there is less inheritance tax due as they will each have their own threshold, rather than just one.

Furthermore, a married couple must each make separate wills. Each will is prepared as a bilingual document, with one text in Spanish and the other in the writer’s chosen language. This document is then taken to the notary’s office where it is signed and certified. The notary keeps the original and forwards you a copy for your records. Next, the notary will record the papers with the Registro Central de Ultimas Voluntades in Madrid. This central registration means that your latest will is easily located. However, it does mean that if you do wish to change your wishes, you have to complete the process again.

Inheritance tax

Before you can register your property in your inheritor’s name, an inheritance tax declaration has to be made. Subsequently, the corresponding taxes must be paid. Spanish law allows six months for inheritance tax declarations. After this time, an additional 5% levy is applied every three months, up to a maximum of 20%. This is a very good reason to make sure that you are as prepared as possible.

Until recently, there have been differences in Spanish inheritance law in relation to residents and non-residents. However, following pressure from the European Commission, the Spanish government passed a new law on the 28th November 2014. This meant that for all bereavements and donations after January 1st 2015, the taxation of Spanish inheritance must not discriminate against non-residents and therefore benefit from the same tax reduction as residents.


What governs Spanish inheritance law

In Spain there are two laws that govern inheritance tax:

  • national law, or ley estatal
  • local law governed by the autonomous regions of Spain

The amount of inheritance tax you’ll have to pay varies according to where the property is located. For instance, there can be differences in the inheritance tax threshold. Furthermore, your relationship to the deceased can make a substantial difference to inheritance tax. According to Spanish inheritance law, there are four groups of inheritors:

  • Children and grandchildren under the age of 21.
  • Children and grandchildren over the age of 21, parents, grandparents and spouse.
  • Brothers, sisters, uncles, aunts, cousins, parents-in-law, daughter/son-in-law.
  • Anyone else.

Your beneficiaries have to voluntarily declare the value of their inheritance. It is wise to take advice on this, as an extra tax will be charged if the authorities dispute the declared value. 

It’s important to be aware that there is no automatic transfer, even if it is a spouse who’s died. In every case, the formal procedure has to be followed. Moreover, you should be aware that failing to inform the authorities of the death of a co-owner of a property means that when the property is passed on, a retrospective transfer will need to be made.

Donating property

Some people prefer to donate their property rather than bequeath it when they die. If you do decide to do this you still need to sign a new title deed. This process is called the donación de bienes and is considered a gift from the donor to the recipient. You will still have to make a donation tax declaration but, as is the case with inheritance tax, the levy is less when you are a close relative, such as a parent or a child. However, allowances vary from community to community. 

New Call-to-action

Spanish inheritance law: Our recommendations

Making a will in Spain that clearly outlines your wishes and whether you want the succession law of Spain or your home country to apply will substantially help your beneficiaries. To make sure you and your beneficiaries are protected, it’s essential to seek expert advice. With the proper advice, you can carefully consider the tax implications for your inheritors. Therefore, you should seek a reputable solicitor who can communicate with you in your own language. Managing your inheritance may not be the most pleasant task, but it will make all the difference to those closest to you. 

See all

It might be of your interest...

Leave a comment



9 March, 2018 5:55 pm

Can anyone claim and anyone
Can anyone claim and anyone become owner of a piece of land/farm if not claimed by the heirs even if there is a Will? Does adverse possession exist in Spain after a statute of limitation to claim by heirs with a Will?

Suzanne O'Connell

15 March, 2018 12:42 pm

Adverse possession also

Adverse possession also exists within the Spanish system. You have to bear in mind that the one who is in possession of the land must be aware that they are not the owner and the time limit would be 30 years. 


5 February, 2020 3:50 pm


What if I’m living in Spain and someone leaves me money and/or property in their will, in another country?

What would I pay in inheritance taxes in those circumstances?

Thanks 🙂

Oscar Paoli

5 February, 2020 3:55 pm

Hi Deborah,

It will depend in the region you are living and of course the amount you have inherited.

Kind regards,

Ábaco Advisers


28 February, 2020 1:51 pm

We own a property worth 145,000 euros having paid 179,000 euros for the property in 2002. How much inheritance tax is payable on first death? Would additional tax be payable on second death? Would it be advisable ownership to younger members of our family/friends now? If so what would the tax implications be?

Oscar Paoli

4 March, 2020 3:51 pm

Hi John,
Thanks for your message.
We would need to have more details of your case and the property.
Should you wish for us to give you more information and a cost estimate of the process, please contact us at
Kind regards,
Ábaco Advisers

Sue O'Keefe

5 March, 2020 5:40 pm

My dad lived in spain and then moved to the UK, his wife died in Spain and they had a property. My step sister has sold the property and kept the money, even though my dad made an english will when he arrived back, which was all done correctly by an english solicitor, leaving his entire estate to his children. We went through english probate and paid all inheritance tax on UK and Spanish property. Her mother states in her will that although being a spanish resident she wanted to be governed by British Law. I was under the impression that a non blood relative could not inherit my father’s estate as this had to be a Son/Daughter. My step mother passed away before my father. My step sister claims that the solicitor obtained my father’s death certificate via Madrid. She said that she didn’t want to declare her mother’s death for 4 years, well it’s well and truly passed this date, as she didn’t want to pay inheritance tax on not just that property, but the villa her daughter lives in, cars etc as she put all this in her mother’s name. Is it worth me fighting this or am I just wasting my time!

Oscar Paoli

6 March, 2020 10:39 am

Hello Sue,

First of all, please note that anyone, even a non blood relative, can inherit. Indeed, according to British inheritance laws, there is no forced heirship, that is, you can freely appoint your inheritors. Moreover, when making a will, you can choose between the law of your nationality and the law of your residency to rule your future inheritance.

Having said that and according to what you state, it seems that they owned a property jointly and that your father made a will in which he left his share to his children. If that is the case, then you would have a right to claim your dad’s share on the property, as well as any other assets he might have had. However, you have to bear in mind that this action would have to be brought before a Court in Spain, which of course will entail costs and time.

We would recommend that you contact a litigation lawyer based in the area where the property is located to check their fees and see whether this claim would be worth it or not.

Kind regards,

Ábaco Advisers


19 May, 2020 9:56 pm

My uncle died recently, he has no relatives in Spain,but a big family in Syria.
The case was transferred to the court in order for the government to take over the property.
He has an apartment in Acoruna, How can we start the process to claim the property?
He has five living siblings (one brother and four sisters),one brother whose dead but has three adult children.
The property is about 100,000$ ,how much the tax would be?
Who gets to inherit?
Which laws apply?
How do we transfer the property to the inheritors?

Oscar Paoli

21 May, 2020 6:48 am

Thank you for your message.
We will have someone from the legal department contact you shortly with some information regarding the process.
With kind regards,
Ábaco Advisers


15 June, 2020 1:00 pm

My father lived and died in Spain without leaving a will. He re-married and and I wrote a letter to the solicitor to renege my part of any inheritance so it went to his second wife. The inheritance is a house and a small bank account. The solicitor has taken 12 months and still no resolve . What are the processes for transfering the titles?

Oscar Paoli

16 June, 2020 10:13 pm

Hi John,

In our country there is no transfer of ownership from deceased to inheritor automatically upon decease, on the contrary in Spain it is necessary to sign a new title deed where the estate registered in the name of the deceased is transferred to the proved as legal inheritor. The inheritance process is known as “Adjudicación de Herencia” and it is advisable to complete the transfer of the property from the name of the deceased to the name of the inheritor within six months. A new Title Deed for the property, in the inheritor’s name, must be signed in the presence of a Public Spanish Notary. In order to do so, certain documentation has to be presented when signing the new deed. This document will be then registered at the Land Registry updating titularity of the property and the process should’t take more than 4-5 months in total.

In order to give you specific advice we would need some more information about your late father, his descendants, ancestors and spouse to determine the law applicable to the succession and the persons entitled to his Estate.

If you need more information or want to check if the process is being dealt correctly, please contact us at

With kind regards,

Ábaco Advisers

Julie Smith.

9 July, 2020 5:47 pm

My father lived in spain for 5 years he died in Spain recently and never had a will. His mother(my nan) lived and died in England and left some money to him.His wife still lives in spain. I am not sure whether this will be dealt with under English or Spanish law. Who will be the beneficeries.

Oscar Paoli

14 July, 2020 8:26 am

Dear Julie,

First of all, please accept our sympathies for your loss. In relation to the law applicable, if your father was resident in Spain at the moment of deceased and efectively didn’t grant a will, the law to rule the succession will be the Spanish law, although there are some points that must be checked. I would kindly ask you to contact us in order to give you specific advice. You may contact us at

With best regards,

Ábaco Advisers


21 July, 2020 10:13 am

if i have a Spanish will for the apartment here and a British one for my house in England could i have just had a English one would that have covered my Spanish estate

Oscar Paoli

23 July, 2020 9:29 pm

Hi Rodney,

If you are resident in Spain we would recommend you to have a Spanish Will and that you chose the desired applicable law, if not statet Spanish law would apply.

If you are non-residen in Spain we would still recommend you having a Spanish will in addition to the UK will as it makes the inheritance process in Spain much easier.

Please do not hesitate to contact us should you have any further queries.

With kind regards,

Ábaco Advisers


10 August, 2020 1:31 pm

My husband recently passed away, we own a property in Spain, joint names but live in UK. We didn’t make a Spanish will. What do I need to do

Oscar Paoli

12 August, 2020 8:37 am

Hi Anabelle,
Really sorry for your loss, I will have someone from our legal department to contact you directly with information on how to proceed.
With best regards,
Ábaco Advisers


12 August, 2020 10:52 am

My brother is a resident in Spain and his wife passed three years ago my brother had no children but a step daughter who now is saying she will inherit his property when he dies
But understand everything is now in his name and he understands his sibling will inherit
His estate we his solicitor is his Power of eternity do we as a family need to contact his solicitor as he now in ill health
He has lived there for 19 years
We as a family need advice
Kind regards
Helen Taylor

Oscar Paoli

12 August, 2020 10:55 am

Hi Helen,
Really sorry for your loss, I will have someone from our legal department to contact you directly with information on how to proceed.
With best regards,
Ábaco Advisers

Anthony Whitney

26 October, 2020 10:09 pm

My sister and myself were left a villa in Denia Alicante Annette moved into property saying she would pay me my half that was 10 years ago what can ido it will destroy my family but what else can I do but go down the legal route. Anthony Whitney

Oscar Paoli

30 October, 2020 2:51 pm

Hi Anthony,
My colleagues from the legal department should have sent you an email with information regarding how to proceed.
With best of luck,
Ábaco Advisers

Samer alkhammash

14 November, 2020 8:07 pm

My sister passed away in Edinburgh in 20/10/2020
, She has Spanish nationality, she has a husband with no kids, her mother & father passed away long time ago .she has two flats in Spain. there is no well written.
Do I and my brother and sisters inharet from her ?

Oscar Paoli

16 November, 2020 12:38 pm

In order to establish the applicable inheritance law and determine the rightful heirs, her last residency is a key element. To be able to help you further, we have asked our legal department to contact you directly. They will do so shortly.

With kind regards,

Ábaco Advisers


21 November, 2020 10:48 am

How do you calculate a partial usufruct (1/3) on an estate in Spanish intestacy where the whole estate is worth £300,000. If the widow was 64 at the time of her husband’s death, is it :

89-64 = 25%
25% x £300,000


25% x £100,000 (being 1/3 of the overall estate)

Oscar Paoli

24 November, 2020 12:30 pm

Hi Claire,

The correct way would be the second one since, in the absence of a will, if the spouse concurs with the children, the spouse inherits the usufruct of one third:£300,000 divided by 3 = £100,000 (total value of the third) x 25% (89-64) = £25,000.

The usufruto will have a value of £25,000

With kind regards,

Ábaco Advisers>

Karen Ghost

16 February, 2021 9:54 am

Hi, My ex partner has bought a property in Spain. He has told my daughter who is 35 years old (and not biologically his) that in order for her to inherit the property and for it to be unchallenged in Spanish law he has to legally adopt her. Is this correct please?

Oscar Paoli

16 February, 2021 1:44 pm

Hi Karen,

It will depend on the nationality of your ex-partner. For example, if he is a British National who signs a will and chooses his national law, he would not have to adopt your daughter. If he does not make a will or, by being a resident in Spain, and he chooses the law of residence, Spanish law would apply, where the children are forced heirs, in this case the adoption would be necessary. If your ex-partner has another nationality where there is no freedom to testify, the same would occur. In these cases, it could be that adoption would be interesting, but other factors must be taking under consideration as well.

It also depends on whether your ex-partner has more forced heirs. For example, if your ex-partner has no more descendants or ascendants and is not married, it would not be necessary for your daughter to be adopted since in the will your ex-partner can name an heir without problem.

Finally, even if your ex-partner has more forced heirs, it would be necessary to see the total value of those that would be inherited since it may be that with the percentage of freedom to testify (according to nationality) it could cover the good of Spain.

In conclusion, it depends on many factors such as nationality, forced heirs and total value of assets.

Hope this information can be useful.

With kind regards,

Ábaco Advisers


23 March, 2021 3:27 pm

Hi there,

I am a Spanish resident and my mom has passed me some money which the gift was made in Hong Kong / Singapore. Am I still entitled to Donation tax? If so? How much and is that one off?


Oscar Paoli

24 March, 2021 10:29 am

Hi Lily,

Thanks for your query. Being resident in Spain you have the obligation to declare any donation/ gift or inheritance independently of where you have receive it. The answer to how much you have to pay -if any- depends on where you live in Spain, the amount you have received and when you received.

We would kindly ask you to contact us at to give you a more detailed response and we will be more than happy to further assist you.

With kind regards,

Ábaco Advisers


10 July, 2021 1:46 pm

Hi there
My dad owned a property in spain and having died two years ago left it in his english will to his partner. I was told by my dad when he was alive that myself and my brother automatically inherited one third of the property is this the case? He was not a spanish resident and i dont know if he left a spanish will or not. His partner says she is living in the property (even though i dont believe she is a spanish resident) and wont discuss the matter with us.
I really want to know if its worth spending money on fighting any legal battle with her to acknowledge our joint ownership?
Many thanks

Oscar Paoli

12 July, 2021 12:41 pm

Hello Juliet,
It is true that Spanish Law stablish the children as compulsory heirs: one third of the estate to distribute between all of themin equeal shares and another third which can benefit any of the children or all of them.
However, this is applicable for residents in Spain. If your father was not resident in this country or did not choose Spanish Law to apply in his Will (which is unusual), the English testament will be the valid one if there are no later ones.
Should you have any further queries do not hesitate to contact us.
Best regards.
Ábaco Advisers

Carol Ann Bates

24 July, 2021 1:46 pm

I would like to inform ABACO my husband Timothy John Bates has recently passed away could you please email details of what the procedure is

Many Thanks

Carol Bates

Oscar Paoli

25 July, 2021 9:58 pm

We would very much like to convey to you our sincerest sympathies Mrs. Bates. At the same time we wish to assure you of our very best service in dealing with the inheritance legalities in Spain.

Someone from our legal department will be in contact this week to inform you about the process.

With kind regards,

Ábaco Advisers


24 August, 2021 12:37 pm

We have a property near Torrevieja which is jointly owned by my wife (20%), her brother (20%) and her father (60%).
Her father recently passed away without doing a spanish will.
I’d like to know what happens to the 60% he owned as he has another daughter who has no stake in the property.

Kind regards

Oscar Paoli

24 August, 2021 1:56 pm

Dear Sir,
We are sorry for your sad loss.
Before this situation, it is necessary going through an inheritance process to change the ownership of the deceased’s assets.
In our country there is no transfer of ownership from deceased to inheritor automatically upon decease, on the contrary in Spain it is necessary to sign a new title deed where the estate registered in the name of the decease is transferred to the proved as legal inheritor. The inheritance process is known as “Adjudicación de Herencia” and it is advisable to complete the transfer of the property from the name of the deceased to the name of the inheritor within six months, even tough it can be delayed if impossible to sign it within the mentioned period.
A new Title Deed for the property, in the inheritor’s name, must be signed in the presence of a Public Spanish Notary. In order to do so, some documentation has to be presented when signing the new deed. This document will be then registered at the Land Registry updating titularity of the property.
We wish to assure you of our very best service in dealing with the inheritance legalities concerning the property in Spain, so please write us an e-mail to and we will contact you shortly with more detailed information.”
With kind regards,
Ábaco Advisers

Derek Holme

24 August, 2021 3:31 pm

Hello,my brother recently died in Spain, he was not married, there is a will leaving money to a friend, some to his ex brother in law and his son, can I find out how much money is involved and to whom my brother left how much, this is to make sure that all is handled correctly as ex brother in law is the only executor?

Oscar Paoli

25 August, 2021 1:09 pm

Dear Mr. Holme,

First of all we would like to convey our sympathies to you and your family.

In relation to your query, we could certainly help you to deal with the Estate in Spain, but we would need some more information which involve personal details such as your brother’s complete name, date of death and some pther personal details. We will be glad to give you complete information if you contact us at

Looking forward to hearing from you.

With kind regards,

Ábaco Advisers

Paula Suckling

24 August, 2021 7:03 pm

My father (widower) was a Brit ex-pat resident in Andalucia. He left a will in which I’m the sole beneficiary. My solicitor says I must obtain a bank statement of his account dated the day of, or around the day of his death, the bank in turn, have refused to release this statement saying they must have the Notary Public certificate officially naming me as the beneficiary.
Is this true, do I really need a bank statement to take along with the death certificate and will? (I live in Canada, I’m only here for 2 months).
Thank you

Oscar Paoli

25 August, 2021 1:10 pm

Dear Mrs. Suckling,

We are sorry for your loss.

Answering your questions, the bank certificate showing the balance at the date of deceased is required, so any balance can be included in the Estate to deal with the Inheritance in Spain. The documentation that the bank can ask for is copy of the death certificate, copy of the las will certificate issued by the Ministry of Justice in Spain and copy of the last will.

If you need any assistance in the obtention of these document or to deal with the Inheritance process in Spain, please don not hesitate to contact us at

We could deal with the whole process without need that you are in Spain by signing a power of Attorney.

Looking forward to hearing from you.

With kind regards,

Ábaco Advisers


28 August, 2021 6:25 am

My mother died in Dec 2020 and had a Spanish will leaving her share of my step dad and her house to my brother myself and stepdad his lawyer appears to not be handling the process very well and whilst I was contacted with a vague description of what needed to be done to pass equal shares to all of us it still hasn’t been done and it’s past 6 months please could I have some advise?

Oscar Paoli

31 August, 2021 12:52 pm

First of all, we would very much like to convey to you our sincerest sympathies.

For your information, in our country there is no automatic transfer from deceased to inheritors, so a process calle “Adjudicación de herencia” must be followed and it is advisable to complete it within six months from the date of death to avoid penalty fees on inheritance tax. To complete the process a new deed must be sign in fron of a Spanish Notary and certain documents are required to be able to proceed. We will be glad to inform you about the whole process and documents requested so you can confirm if you are receiving the correct advice. You can contact us at

Kind regards,

Ábaco Advisers

Douglas J Hale

16 October, 2021 6:58 pm

Hello, in regards to the 95% rule stating if the adult child lived at the home for 2 years before the death of their parent. Is that the last two years of the parent’s life, or any 2 year period of residency in the said home prior to their death?

Oscar Paoli

19 October, 2021 10:37 am

Hi Douglas,

The 95% reduction on the value of the property is applied for group 2 (children over 21 years old or spouse) as long as it is the main residence of the deceased and the heirs undertake not to sell it and to keep it for X years (the number of years differs depending on where the property is located, for example in the Valencian Community it is 5 years).

The requirement of cohabitation with the deceased during the 2 years prior to death in order to apply the reduction described above is for collateral relatives over 65 years of age.

Hope this is of assistance to your queries.

With kind regards,

Ábaco Advisers

Bob Smith

12 January, 2022 4:49 pm

I have a situation where a widow whose husband pre deceased, Testate, leaving everything to his widow, she subsequently died Intestate survived by nephews/nieces from deceased whole blood siblings but also three surviving half blood siblings.
My question is, do the whole blood family have a prior entitlement to the half blood siblings?

Oscar Paoli

12 January, 2022 8:43 pm

Dear Mr. Smith,

Thank you for contacting us.

We would need to have some more details to be able to assist you further. Should you wish to get in touch with us to give us some information regarding this case please do not hesitate to contact us at

With kind regards,

Ábaco Advisers


30 June, 2022 10:29 pm

I am an adult child of a deceased inheriter. My grandmother made a Will(1986) deviding her properties to her 3 children. In this will she only states the land parcels to be divided accordingly , within Will there is a farm house, am I to understand that his would have to be divided accordingly. However, her main residence was not identified/declared in this Will & I am not aware of another to have been done. She has passed away 2014.
Would her main residance have to be divided between all of her inheriters?
2Q: Properties are in O’ Carballino/Orense, what would the inheritance taxes be. I have double citizenship/ USA & SPain & wish to keep her main residance (buy off remianing inheriters). Per my uncle taxes at present time are $100 USA per year.
3Q: Should any transfers be done in person or can they b’ done thru express mail(Embassy).
Time is of the essence.
Thank you

Oscar Paoli

4 July, 2022 8:49 pm

Thank you for contacting us, if we understand from the reading that the deceased was Spanish and had a will, the first thing you should do is request an “Acta de Últimas Voluntades”, to find out if it is true that the will you are referring to is the last one, and there is no later one.

It is normal for the will to include all the assets in Spain, but it may be that the assets were acquired after the will was made, and that is why they do not appear.
However, if in the will, as you mention, everything is divided equally between the three children, subsequently, the remaining property, which you want to buy and which is not in the will, will also be divided equally between the three children of the deceased.

One way or another, before doing anything with that property the inheritance process must be completed in order to update the ownership of that property.
As for the inheritance taxes, we cannot calculate them without more information. We need to know how many assets make up the inheritance; bank accounts, vehicles, etc.; details that appear in the IBI of the property, in order to calculate the taxes to be paid; the exact date of death, etc.

At the moment, what you should do is ask for the mentioned “Acta de Últimas Voluntades” to know exactly what the last will and testament is, and from there, with the rest of the detailed information, arrange with the inheritance process, which will allow you to acquire your grandmother’s house as you wish.

The price for the service of obtaining the Acta de Últimas Voluntades is 180 €.

If interested do not hesitate to contact us should you have any further queries.

With kind regards,

Ábaco Advisers


18 August, 2022 5:42 pm

I am resident in Spain and own my own house. I have no spouse (I am divorced for 40 years) and no children and wish to leave my Spanish estate to one of my nieces who is a German national and resident in Germany.
My current Spanish will, which expresses the above wish, states “…..she is married in first and only marriage to….. with whom she has no children” but doesn’t mention divorce, does this mean my ex-husband could benefit?
In the light of the above, do you think I need to adapt my Spanish will to Directive 650/2012?
Could you also advise me of your cost of drawing up a new will if necessary?
Thank you for your attention.

Oscar Paoli

19 August, 2022 11:54 am

From what you mention, there would be no need to change the will as your wishes have not changed. They may ask for a marriage certificate at the time of inheritance, but your niece will have no problem inheriting.

It is important that you have chosen your national law in the will because otherwise your ex-husband would be able to contest the will (it would be up to the judge to decide).

In any case, would you wish for us to check in more detail you are welcome to contact us at

With kind regards,

Ábaco Advisers

John Grant

23 December, 2022 1:48 pm

I am a customer of your firm for the past twenty years and have a question for your company my sister has recently finally finished her divorce and her ex husband is purchasing a property in spain he has ask the youngest of his three children to put her name as next of kin on the property purchase documents, what are the responsibilities of the next of kin if she should sign such a document
I am quite will to pay for your advice on this matter my contact details are as follows
John and Patrica Grant
34 mirador del mar Islas canarias arenales del sol Alicante 03195 mobile 00353879392548
John and Patrica Grant 20 Craigmore rd Newry Co Down N Ireland bt35 6 lf 00447513332844
Yours sincerely john and Patrica Grant

Oscar Paoli

27 December, 2022 3:37 pm

Hi John,

Thank you for contacting us.

Unfortunately we do not have sufficient information to be able to give you a clear answer, are you applying for a mortgage on the property and want to include your daughter for this reason? If not maybe you are looking to include her in your will? If she is just going to be a part owner of the property she will be responsible to pay her yearly taxes and bills together with you.

Should you have any specific questions do not hesitate to contact us at

With kind regards,

Ábaco Advisers

Denise Delattre

13 July, 2023 11:19 am

My husband recently passed away, we own a property in Spain, joint names but live in UK. We didn’t make a Spanish will. What do I need to do

Oscar Paoli

3 August, 2023 10:44 am

Hi Denise,
We are really sorry for your loss, if you wish you are more than welcome to contact our legal department at or call us at 0034 966 703 750 and we will be happy to assist you in the process.
With kind regards,
Ábaco Advisers

Wendy Hooper

16 August, 2023 8:10 pm

hi myself and my mom had a good friend who died 15 years ago and only just found out she left us a flat in Spain we are both in the will and we have a Spanish will she did to we want to sell the flat but it is not in our name yet what do we have to do please w hooper

Oscar Paoli

18 August, 2023 7:49 am

Hi Wendy,
Thank you for contacting us.
If you wish for us to investigate the case please forward us all possible information and documentation to our legal department at and we will be happy to assist you.
With kind regards,
Ábaco Advisers

Bernie Gritters Doublet.

3 October, 2023 11:43 am

My husband died a year ago leaving a Spanish will, drawn up in 2008, and leaving his half of the estate to me. My two stepsons are now saying they are entitled to 2/3 of my husband’s half of the house. I thought that Spanish inheritance law existed only for people that died intestate, that the children would be entitled to 2/3, but my husband had a Spanish will, should this not be honoured?

Kind regards.
Bernie Gritters Doublet.

PS: We are both resident in Andalucia.

Oscar Paoli

4 October, 2023 8:22 pm

Thank you for reaching out to us with your question regarding your husband’s will in Spain and the entitlement of your stepsons to a share of the inheritance.

Spanish inheritance law is indeed complex and can vary depending on various factors, such as your husband’s nationality and your current place of residence. If your husband had a valid will in Spain, it should be honored, as it reflects his wishes regarding the distribution of his assets.

However, it is important to consider that Spanish law also recognizes certain inheritance rights for children, even if there is a will in place. The specific entitlement of your stepsons would depend on the applicable laws and whether they have a legitimate claim to a share of the inheritance.

To provide you with more accurate information and advice, we would need to review the details of your case, including the contents of your husband’s will and the relevant legal factors. Our team of legal and fiscal experts can assist you in understanding your rights and responsibilities in this matter.

With kind regards,

Ábaco Advisers

Gary Edgar

21 March, 2024 10:48 pm

Hi, My neighbour died 5 years ago leaving adult children but he had remarried. Now his wife has died intestate leaving only two sisters in Canada. Do the children of her deceased husband have any claim on the estate or does everything go to his wifes sisters under intestacy law?

Oscar Paoli

28 March, 2024 9:16 am

Thank your for reaching out, we would need to have more information to be able to give a reply to your query. You are welcome to contact us at and we will try to assist you as best as possible.
Kind regards,
Ábaco Advisers