German Succession Law for Expats in Spain
German succession law for expats with property in Spain — Pflichtteil, Erbschein, cross-border estate planning between Germany and Spain.
Germany has the second-largest expat community in Spain. German succession law has unique features that interact with Spanish law in complex ways.
Pflichtteil (Compulsory Portion)
Under German law, disinherited close relatives have a monetary claim (Pflichtteil) equal to half of their statutory share. Unlike Spanish forced heirship, this is a monetary claim, not a right to specific assets.
Erbschein (Certificate of Inheritance)
A German court-issued document proving heir status. It may be required for managing German assets. For Spanish assets, an Erbschein must be apostilled and sworn-translated.
Choice of Law for German Nationals
German expats in Spain can choose German law via EU Regulation 650/2012. This is often advisable if the German system better suits their family situation.
Berliner Testament
The popular German joint will (Berliner Testament) where spouses inherit from each other and children inherit upon the second death. We advise on its recognition in Spain.
Taxation
Both Germany and Spain may levy inheritance tax. The Germany-Spain double taxation treaty helps avoid double taxation.