Inheritance Mysteries: The Will for Spanish Property That Transforms

How to Properly Bequeath Real Estate in Spain?

The inheritance of real estate in Spain raises many questions among property owners, especially when it comes to overseas assets. The main concerns of the potential reader are the fear of facing legal complications, high tax burdens, lengthy procedures for estate administration, and possible disputes among heirs. This article examines the key aspects of drafting a will, which ensures the transfer of property according to the owner's wishes and minimizes risks for the heirs.

1. Legal Basis for Inheritance

The inheritance of real estate in Spain is regulated not only by national legislation but also by the norms of autonomous communities. The main document is the ГК – Civil Code of Spain, which determines the order of succession, the mandatory shares for certain categories of heirs, and the conditions for drafting a will. For citizens of Ukraine and other foreigners, there are significant differences between inheriting by will and inheriting by law, which requires a careful approach in preparing the documents.

2. The Will as a Means of Managing the Estate

2.1. Advantages of a Will

Drafting a will allows the property owner to:

• Determine the distribution of the estate independently;
• Avoid the distribution of assets according to the law, which may not correspond to personal wishes;
• Save time and resources for the heirs by avoiding lengthy court proceedings;
• Minimize the tax consequences provided for by Spanish legislation.

3. Inheritance by Law

In the absence of a will, inheritance is carried out according to the law. In Spain, the order of heirs differs from the Ukrainian practice: children and their descendants inherit first, followed by parents, then the spouse and other relatives. In this case, the spouse receives the right of usufruct – the right to use the property for life, rather than full ownership. This scheme may not meet the owner’s requirements, which is why drafting a will becomes necessary for the precise distribution of assets.

4. Inheritance Taxation

Inheritance tax is calculated based on:

• The fiscal status of the decedent and the heirs;
• The degree of kinship between the parties;
• The actual value of the inherited property.

Tax rates may vary depending on the autonomous community where the property is located, and for non-residents they are often higher. That is why properly drafting a will, with appropriate tax planning, helps to avoid double taxation and reduce the tax burden.

5. Procedure for Drafting a Will

5.1. Drafting and Notarization

The will is executed before a notary, who checks that the document complies with the requirements of the ГК – Civil Code of Spain. If the will is handwritten, all its elements – the text, signature, and date – must be completed by the testator without external assistance. In case the testator is unable to sign the document on their own, the notary prepares an act with the participation of two doctors who confirm the testator’s legal capacity.

5.2. Storage and Registration

After being drafted, the will may be kept by the testator, handed over to a trusted person, or registered in the General Registry of Wills. Registration ensures that the will is promptly received by the court within the established period after the testator's death. If the document is not presented to the court within five years, it may be declared invalid.

5.3. Particularities for Foreigners

Foreigners who own property in Spain are advised to draft a separate will concerning only Spanish assets. This is due to differences in legislation and possible difficulties in recognizing a foreign will on Spanish territory. Properly executing the document with legal assistance reduces the risk of inheritance denial and simplifies the process of transferring property rights.

6. Practical Recommendations

To minimize legal and tax risks, it is recommended that property owners in Spain:

• Prepare in advance a detailed plan for the distribution of the estate, taking into account both the mandatory shares of the heirs and personal wishes;
• Consult with inheritance law specialists to correctly draft the will, considering all the nuances of the ГК – Civil Code of Spain;
• Divide the will into two parts: one for assets in Spain and another for property located abroad, to avoid conflicts between the laws of different countries;
• Pay special attention to the preparation of documents for the heirs, so that they do not have to undergo lengthy and costly procedures to obtain the foreigner identification number (NIE – foreigner identification number).

7. Conclusion

Proper drafting of a will in Spain allows the property owner to maintain control over the distribution of assets after death. Using a will prepared in strict compliance with the requirements of the ГК – Civil Code of Spain ensures legal protection for the heirs and minimizes the risk of fiscal and legal issues. Legal assistance helps avoid mistakes in drafting the document, and thorough estate planning contributes to saving time and resources for the heirs. Thus, the will becomes an effective tool for managing the estate, allowing the owner’s wishes to be fulfilled and ensuring a favorable future for their loved ones.

By seeking professional consultation, you can obtain detailed information on all stages of drafting the will and choose the optimal method of succession for your property in Spain.