British Succession Law for Expats Living in Spain
How British succession law interacts with Spanish inheritance rules — probate, Grant of Probate, forced heirship and planning strategies for UK expats.
British nationals form the largest expat community on the Costa Blanca. When a British national dies with assets in Spain, the succession process involves navigating both legal systems.
Probate in England & Spain
If the deceased had assets in both countries, two separate proceedings may be needed: a Grant of Probate in England/Wales and a Spanish inheritance deed (escritura de herencia).
Choosing English Law
British expats can choose English law to govern their succession by making a declaration in their Spanish will. This avoids Spanish forced heirship rules.
Affidavits of Foreign Law
Spanish notaries require an affidavit from a qualified lawyer confirming the content of foreign law (e.g. that English law has no forced heirship). At Bufete Padilla, we prepare these affidavits regularly.
Document Requirements
- Death certificate (apostilled)
- Grant of Probate (apostilled and sworn-translated)
- Last Will (apostilled)
- NIE of heirs
- Property title deeds
Inheritance Tax
Heirs must pay Spanish inheritance tax within 6 months (extendable to 12). UK-Spain double taxation agreements may apply.