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Spanish Property Inheritance: Wills and Tax Planning

For families with property in Spain and connections abroad, succession planning needs both legal and tax advice. A will, the law governing succession and the inheritance tax position answer different questions.

Review the whole family position

Give your advisers details of nationalities, residence, marriage arrangements, children and intended beneficiaries. Supply existing wills from every relevant country. Ask whether a proposed Spanish document complements or unintentionally changes earlier arrangements.

Map ownership and liabilities

Keep the property deed, Registry details, ownership percentages and mortgage information together. If a company owns the home, explain the shareholding structure. Ask what happens on the death of each owner and what practical steps beneficiaries would need to take.

Tax and administration are separate from the will

AEAT provides procedures for non-resident inheritance cases, including Modelo 650 where applicable. Ask who has filing responsibility, which authority is competent, what valuations and supporting documents are required, and whether regional rules or reliefs apply to the particular beneficiary.

Prepare a usable family file

Record where original documents are held and which professional should be contacted. After a death, obtain advice promptly about certificates, translations, acceptance of the estate, tax deadlines and registration. Do not distribute assets on the assumption that foreign probate documents alone complete the Spanish process.

Frequently asked question

Does a Spanish will guarantee a particular tax saving?

No. Ask for separate advice on succession arrangements and the tax consequences for each beneficiary.

Official reference

General information, not individual legal or tax advice. Ask a qualified adviser to confirm the position for your property and circumstances.

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