Under Spanish succession law, a spouse does not automatically inherit the entire estate when a partner dies without a will. Instead, children and other descendants have priority, and a surviving spouse is usually granted only a usufruct—the right to use and benefit from part of the assets—rather than full ownership.
Inheritance rules differ by region
Spain does not have a single, uniform set of succession rules. The autonomous communities of Catalonia, the Basque Country, Navarra, the Balearic Islands, Galicia and Aragón each apply their own civil‑law systems, which include distinct versions of forced heirship (legítima) and different default entitlements for spouses. The applicable law is determined by the deceased’s habitual residence, not by the location of the property. Consequently, two retirees living in different regions may be subject to entirely different inheritance regimes even if they own homes in the same part of the country.
Using the EU Succession Regulation to choose the governing law
The EU Succession Regulation allows a person residing in Spain (or holding assets there) to elect the law of their nationality to govern their estate, bypassing the regional rules. This election must be expressed in a will; without a will, the estate defaults to the regional law of the decedent’s habitual residence.
Additional issues often overlooked
- Guardianship of minor children – Spanish law permits parents to name a preferred guardian for a minor in a will. The court must still approve the appointment, but the parents’ wishes are taken into account.
- Pet care – While pets cannot inherit under Spanish law, a will can designate a caretaker for them, ensuring continuity of care after the owner’s death.
Practical considerations
- A Spanish will is not mandatory; many estates are settled without one.
- A Spanish will can be limited to assets located in Spain and can coexist with a will made in the person’s home country; it does not automatically revoke the foreign will.
- Drafting a concise will that specifies the chosen governing law and addresses Spanish assets provides certainty and avoids reliance on assumptions about regional rules.
Retirees should verify which regional succession rules apply to their situation and consider executing a Spanish will that elects the appropriate law, especially if they own property or have other assets in Spain. This simple step can prevent unintended distribution of their estate and ensure that spouses, children, and even pets are provided for according to their wishes.
Source article: www.globalcitizensolutions.com
