Inheritance and Wills for British Owners of Spanish Property
If you own or plan to buy property in Spain, your heirs will need to deal with Spanish succession rules, taxes and paperwork — separate from those in the United Kingdom. Here is what a Spanish will covers, how the process works, and what your family should expect.
Who is behind this page. Sókerim is a Spanish real-estate agency (Lyrio Home Solutions, S.L.) with offices in the Madrid region and Alicante and a network of about 1,000 collaborating agencies across Spain. We help people who live abroad find, buy and manage property in Spain, in English, from the first search to the keys.
Planning ahead protects your family
Buying a home in Spain is often the first big step; deciding what happens to it later is the one many owners postpone. Yet Spanish succession law, taxation and paperwork run on their own rules, separate from the United Kingdom's, and they apply the moment title passes to your heirs.
A little planning now, while you are the owner, can save your family time, stress and unnecessary cost later. This page sets out what a Spanish will does, how the inheritance process actually works, and what your heirs will need to do if they keep, rent out or eventually sell the property.
A Spanish will covering only your Spanish property, made alongside your UK will, is not compulsory but strongly advisable for anyone who owns a home in Spain.
Why a Spanish will matters
Spanish law requires an inheritance deed to be signed before a Spanish notary and then recorded in the Land Registry before ownership can pass to your heirs. If you only have a will made in the United Kingdom, it is still valid in Spain, but your heirs will usually need it translated, apostilled and interpreted under Spanish procedure before the notary will accept it — adding time and cost at an already difficult moment.
Many British owners choose to make a separate Spanish will dealing only with their Spanish assets, alongside their UK will for everything else. This does not replace sound advice from a solicitor in both countries, but it usually shortens the process considerably and reduces the risk of misunderstanding at the notary's office.
Two wills, one for each country, tend to work better than one will trying to cover assets in both legal systems.
NIE
Your heirs need one too
Whoever inherits your Spanish property must obtain their own Spanish tax number before the inheritance deed can be signed and the property registered in their name — the same requirement that applies to any buyer.
How the process unfolds
Once a death has been registered, your heirs will need the death certificate, your will (Spanish or apostilled UK version), proof of identity and the property title deed before a Spanish notary can prepare the inheritance deed. Only after that deed is signed and any inheritance tax settled can the Land Registry update the ownership record.
Ongoing obligations do not pause during this process: municipal property tax (IBI) and community fees continue to fall due, and once the property is registered in the heir's name, they step into the position of owner for tax purposes, including the annual non-resident return (Modelo 210) if they do not live in Spain.
| Stage | Where it happens | What your heirs need |
|---|---|---|
| Gathering documents | Spain & UK | Death certificate, will, ID, property title |
| Accepting the inheritance | Spanish notary | NIE, notary deed, tax settled |
| Updating ownership | Land Registry | Signed deed, proof of tax payment |
Inheritance tax and reporting duties
Spanish inheritance tax depends on the region where the property sits and on the relationship between heir and deceased; it is administered separately from the United Kingdom's own inheritance tax rules. A local tax adviser should confirm what applies in each case, since allowances and treatment differ significantly across Spain.
Spain and the United Kingdom have a double taxation agreement, which is designed to prevent the same asset being taxed twice, but it does not remove the need to declare correctly in both countries. Heirs who keep the property and rent it out must also report that income to HMRC as well as through the Spanish Modelo 210.
Ask a tax adviser early: Spanish inheritance tax and UK reporting rules run in parallel, and missing either side rarely ends well.
If your heirs decide to sell
If the property is later sold by a non-resident heir, the buyer is required to withhold 3% of the price on account of the seller's Spanish tax, and a municipal capital-gains tax (plusvalía), based on the land value, also applies. Both are separate from any inheritance tax already paid.
Because the United Kingdom uses the pound rather than the euro, heirs receiving sale proceeds should also plan for exchange-rate movements and the cost of converting and transferring funds — a detail worth discussing with a currency specialist alongside the legal side.
- Obtain a Spanish NIE before signing anything with the notary
- Gather the death certificate, will and property title in advance
- Settle Spanish inheritance tax before the deed is registered
- Keep paying IBI and community fees while the process runs
- Budget for the 3% withholding and plusvalía if selling
- Plan currency conversion timing for any funds moving to the United Kingdom
Visits, residence and the Golden Visa
As the United Kingdom is no longer an EU member state, heirs who are not already resident in Spain can stay up to 90 days in any 180-day period without a visa — usually enough to sign documents and meet a notary, but tight if the process runs long or requires several trips.
It is also worth knowing that the Spanish 'Golden Visa' route for property investors ended on 3 April 2025 and is no longer available; inheriting a property in Spain does not, on its own, grant any right to reside there beyond the standard visa-free allowance.
90/180
Time to sort matters in Spain
British heirs who need to travel for the notary appointment or to arrange a sale can stay up to 90 days in any 180 without a visa; longer stays call for a visa or residence permit.
If you live in United Kingdom
Spain is a relatively short flight away from most UK airports, making regular visits to a Spanish property straightforward for owners based in Britain. Many British buyers are drawn to Spain for its climate, coastal lifestyle and established expatriate communities. One practical point to bear in mind is that Spanish inheritance law differs from UK rules, so it is worth taking specific advice on how it may affect the property and one's estate. Currency movements between sterling and the euro can also affect the overall cost of purchase and ongoing expenses.
What a Spanish bank will usually ask you for
- Proof of income: recent P60 and payslips
- Last filed UK tax return (Self Assessment)
- Bank statements from the last three to six months
- Evidence of existing loans or mortgage commitments
- Valid passport or UK national identity document
Tax at home and in Spain
Spain and the United Kingdom have a double taxation agreement in place, and a local tax adviser should confirm how rental income or gains from Spanish property must be declared and reported to HMRC.
Staying in Spain
As the United Kingdom is no longer an EU member state, British citizens may stay in Spain for up to 90 days in any 180-day period without a visa, and must apply for a visa or residence permit for longer stays.
Since the United Kingdom uses the pound sterling (GBP) rather than the euro, buyers should factor in exchange-rate movements and currency conversion costs when paying for a property or transferring funds to Spain.
Frequently asked questions
Do I need to make a new will in Spain if I already have one in the UK?
You are not legally required to, but most solicitors recommend a separate Spanish will covering only your Spanish property. It works alongside your UK will, avoids translation and apostille delays at the notary, and generally speeds up the process considerably for your heirs after your death.
Will my existing UK will automatically apply to my Spanish property?
Yes, a valid UK will generally applies to Spanish assets too. In practice, though, it must be translated and apostilled before a Spanish notary will accept it, which adds time and cost. A dedicated Spanish will for the property usually makes the process smoother for your family.
How much Spanish inheritance tax will my children pay?
It depends on the region where the property is located and the relationship between heir and deceased, since rules and allowances vary across Spain. There is no single national figure, so a local tax adviser should calculate the actual liability for your specific situation before anything is signed.
Can my heirs sell the property before the Spanish inheritance process is finished?
No. The property must first be registered in the heir's name at the Land Registry, which requires the notary deed and settlement of any Spanish inheritance tax. Only once that is complete can a sale proceed, including the usual 3% withholding applied when a non-resident sells.
Does inheriting a Spanish property give my family any right to live in Spain?
No. Ownership alone does not grant residence rights. As UK citizens, your heirs can stay up to 90 days in any 180-day period without a visa; longer stays require a visa or residence permit, and the property-investor Golden Visa route ended on 3 April 2025.