Spain’s inheritance system operates under “forced heirship,” which can surprise many expats. This legal structure means that a fixed portion of your estate must go to certain heirs, typically your children, regardless of your wishes.
Under Spanish law:
- Two thirds of the estate must be distributed among compulsory heirs.
- Only one third can be freely allocated.
However, as an expat, you can override this by invoking the law of your nationality (e.g., English law) in your Spanish will, thanks to the EU Succession Regulation (Brussels IV). This gives you full control over your estate distribution in Spain—but only if you make it clear in a properly drafted Spanish will.
Tip: Ensure your will explicitly states your wish for English law to apply to your estate in Spain.
