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Inheritances and Living in Spain

The extreme differences between Spanish and British inheritance systems are generating complicated situations at a legal level, because Regulation, although not applicable in the UK, does affect British residents in Spain.

The British system offers extensive freedom with inheritances as in principle all can be left to the heir who is deemed appropriate and there are no "legitimas" typical of Spanish law which ensures a portion of the assets of the deceased to children or relatives. In this sense, there are very common cases of married people with children and properties in the UK, living in Spain now and then, for example, getting separated/divorce and having new children and acquiring new assets here. Therefore, it is always advisable to make a will in order to prevent that the heir meets surprising and unpleasant situations that might end in long and tough litigations and consequently it is advisable to go to a specialized professional in the matter who will be able to advise properly in the succession with a proper planning and making clear what order should be applied, if the Spanish or the British, and eventually making a tailored suit for each case.

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