The real estate inheritance in Spain: rights and obligations

One of the important issues that concerns buyers of real estate in Spain, as well as those who have already faced bureaucratic procedures for registering real estate, is the issue of inheritance of real estate located in Spain and its subsequent taxation.

However, if you know all the legal nuances or turn to competent legal experts, then the procedure will take place in accordance with all legal requirements and without additional difficulties. In this article, we will determine how the heirs of foreign citizens living in Spain can enter into their inheritance rights.

How do I start the inheritance process?

First of all, you need to determine where inheritance will be opened. According to, for example, Russian legislation, the place of inheritance will be the permanent place of residence of the inheritor. International treaties also speak about this. That is, if the heir has a permanent residence in Spain, then he enters into rights and draws them up with a notary according to the rules of Spanish law.

What to do if there is no testament?

If the deceased inheritor did not leave a testament as provided for by the Spanish Civil Code, inheritance must be made in accordance with the substantive law of the state where the heir has citizenship, for example, in the Russian Federation, if he is a citizen of this country. But, in accordance with the norms of international law, applying the law of the state where the deceased was a citizen, a transfer to the legislative act of another state where the inheritance process was opened can also occur.

According to the 2015 European Inheritance Regulation, the law of the country of last place of residence of the deceased may also be applicable.
In this situation, if the deceased did not leave a will, it will certainly be better to seek legal assistance from specialists.

What to do if there are several heirs?

Of course, the process of transferring inheritance will be much easier if there is a will. The Civil Code of the Russian Federation, for example, indicates that a will must be drawn to up according to the standard of the country where the testator had a permanent place of residence at the time of drawing up this document.

However, one should be extremely careful, since when drawing up a testament, the obligatory share of legal heirs, established by the legislation of that country, which should be applied in inheritance, must be taken into account. If it is violated, the testament may be annulled and the inheritance will be distributed according to the provisions established by law, and not by the testament. Therefore, it is very important when drafting a testament to carefully examine the provisions applicable to the inheritance. In Spain, the testator will be able to draw up a testament for all property, and only for that which is on its territory.

Also, don’t forget that real estate in Spain, inherited, is taxed. Read more about this here.
For more information and legal support on the issue of inheritance on real estate located in Spain, you can get from the specialists of the Alcisdom agency.


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