Owning a property in Spain means your estate meets Spanish inheritance law, and it differs from the UK system in a fundamental way. Leave it unaddressed and it affects how the property is divided and where that leaves your spouse.
Spanish inheritance law in short #
Spain operates a system of forced heirship (legítima), which limits your freedom to leave your estate as you choose.
Under Spanish law two thirds of the estate is reserved for children and descendants: one third divided equally between the children, and one third distributable among those same children as you choose. The remaining third is freely disposable, to a spouse or anyone else.
In practice this means children always inherit a legal share, and a surviving spouse can end up owning a property jointly with their stepchildren.
For British families used to complete testamentary freedom, this is the surprise.
You can choose which law applies #
The EU Succession Regulation, which took effect in 2015, allows you to elect the law of your nationality to govern your estate.
An important point specific to UK nationals: the UK never opted into the regulation, but that does not prevent you from using it. The regulation applies universally in Spain, so a British national can elect the law of their nationality in a will and Spanish authorities will apply it.
That election has to be explicit. It does not happen by default, and a UK will that says nothing about it will not achieve it.
Note also that there is no single UK law of succession. You elect the law of England and Wales, or of Scotland, or of Northern Ireland, whichever applies to you. The will needs to say which.
A worked example #
You are married with two children and own a property in Spain.
Without a will electing English law, Spanish law applies and your children inherit a share of the property directly on your death, alongside your spouse.
With a will electing the law of England and Wales, you can leave the property entirely to your spouse, with the children inheriting only after the second death.
The exact outcome depends on how the will is drafted, which is precisely why it needs drafting rather than assuming.
Should you have a Spanish will? #
In most cases yes. A Spanish will dealing specifically with your Spanish assets, alongside your UK will, is usually the cleanest approach. It speeds up the process considerably for your heirs, who otherwise need your UK will translated, apostilled and interpreted at a difficult time.
The two wills need to be drafted so they do not revoke each other, which is a job for a lawyer who does this regularly rather than one who does it occasionally.
The tax side #
Spanish inheritance tax may be payable on death. Rates and allowances vary considerably by region, and there is a separate article covering that.
Practical points #
Make the election explicitly and name the correct legal system. Consider a Spanish will alongside your UK one. Review both after any change in circumstances. And tell your family where the documents are, because a Spanish will registered in Madrid is only useful if somebody knows to look for it.
In short #
Spanish forced heirship applies unless you actively choose otherwise. Choosing otherwise is straightforward and cheap. Not choosing is what creates the problem.
Cross-border succession requires proper legal drafting. Take advice from a lawyer experienced in both systems rather than adapting a UK will.
Last reviewed 2026-08-24
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