International Inheritance Law Services In Spain

Are you thinking of making a will?

At Delaguia & Luzon, we are experts in inheritance law in Valencia and we can help you in 3 main aspects.

First, it is important to remember that when we talk about succession, we are talking about inheritance. An inheritance can lead to several financial problems, whether it involves the loss or the gain of money. These problems may arise in connection with the drafting of the will, the distribution of the inheritance between the heirs and the associated debts.

Our 3 main scenarios

  • Drafting wills by international inheritance law.
  • Coordination of wills abroad.
  • Legal advice for notary signing.
  • Legal guidance among heirs.
  • Definition of assets and debts that form part of the estate.
  • Management of the desired objective with tax optimisation. Specific insights on Valencia inheritance tax and for the rest of Spain.
  • Fiscal quantification of viable solutions and selection of the best tax and legal option.
  • Quantification and valuation of the assets comprising the estate of each referenced legacy.
  • Calculation of the inheritance share of each heir.
  • Analysis and study of applicable tax benefits.
  • Study of the possible tax implications of the succession operation regarding other taxes.
  • Analysis of how to optimise the tax situation, not only in terms of inheritance tax but also in terms of other tax data (IRPF) or non-resident tax.
  • Contesting a will
  • Blocked inheritance
  • Advice in case of renunciation of inheritance

In general, we are competent in the following areas:

  • Inheritances
  • Successions
  • Wills
  • Tax optimisation
  • Asset optimisation

Do not hesitate to contact Félix de la Guía if you have any questions about Valencia inheritance tax and inheritance law. 

Imagen del despacho Delaguía y Luzón

Other possible services

  • Drafting of legal settlement agreements aimed at optimising the taxation of the transaction and preserving access to property in the property registry.
  • Drafting of estate distribution documents.
  • Liquidation and submission of taxes resulting from signed deeds. Completion of forms 650/600 to be submitted to local or national tax authorities.
  • Submission to the Property Registry for property registration.
  • Submission of documentation to the municipalities for calculating capital gains resulting from declared inheritances.

Frequently asked questions

You can rely on a foreign will, but having a separate Spanish will covering your assets in Spain almost always simplifies and accelerates the succession. It avoids translation, legalisation and apostille delays, and lets you choose the law applicable to your estate under EU Regulation 650/2012 (Brussels IV), where eligible. Our team coordinates the Spanish will with your existing arrangements so the two instruments work together without contradiction.

Inheritance and gift tax (Impuesto sobre Sucesiones y Donaciones) is a regional tax in Spain, so the rules vary by autonomous community. The Valencian Community applies a generous bonificación for close relatives (Group I and II heirs), substantially reducing the tax payable in most family successions. The taxable base is the net value of the inherited assets after permitted deductions, and the rate is progressive. Our tax team models the position against alternative residency and asset structures before the succession opens.

In Spain, inheritance tax is paid by each heir individually on the share they receive, not by the estate as a whole. Each beneficiary files their own Modelo 650 within six months of the date of death, with a one-off six-month extension available on request. Non-resident heirs receiving Spanish assets are also liable, and the applicable regional rules depend on where the deceased and the heirs were resident.

Yes. Spanish civil law allows an heir to accept an inheritance outright, accept it under the benefit of inventory (limiting liability for the deceased’s debts to the value of the assets received), or renounce it entirely. Renunciation is irrevocable once formalised before a notary, and it has tax consequences for the next person in line. We advise on the appropriate route before any deed is signed.

A typical Spanish succession file includes the original death certificate, the certificate of last wills (Certificado de Actos de Última Voluntad), the certificate of insurance contracts, the relevant will or, if there is none, the declaration of heirs (declaración de herederos), property registry extracts, bank certificates of balances at the date of death, and proof of identity for each heir (NIE or passport). Foreign documents normally require an apostille and a sworn translation into Spanish.

For a straightforward estate with all documentation in order, the deed of acceptance can usually be signed within two to four months of death. Inheritance tax must be filed within six months. Property transfers and bank releases follow once the tax is settled and the deed has been registered. Cross-border estates with foreign documents, multiple jurisdictions or contested clauses regularly take six to twelve months.

UK nationals can still inherit and own Spanish property without restriction, and Brussels IV (EU Regulation 650/2012) continues to allow them to elect for the law of their nationality to govern their Spanish estate by express choice in a will. The main practical changes are administrative: documents from the UK now require apostille under the 1961 Hague Convention, and HMRC liaison for double-taxation relief takes longer than before. We routinely coordinate UK probate with Spanish succession to keep both fronts aligned.

Let's work together

Managing cross-border estates requires precise legal coordination and a clear understanding of Spanish inheritance tax and civil law. Contact our inheritance law team today at felix.delaguia@delaguialuzon.com or call +34 963 74 16 57 for structured, secure and fully compliant succession planning and estate administration in Spain.

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