Note
Forced heirship and foreigners with Spanish property
Quick answer
Many legal systems reserve part of an estate to close relatives. Which rules apply to your Spanish property depends on the law that governs the succession, which the EU Regulation normally sets as the law of your habitual residence, unless you choose the law of your nationality. Take advice before relying on a will.
Applies toOwners who want to leave Spanish property to people of their choice, and families who may be affected by reserved shares.
On this page: 8 sections
§ 1What it is
Forced heirship, or reserved shares, means that the law reserves a part of the estate for certain relatives, usually children and sometimes a spouse or parents. The owner can dispose freely only of the rest. The details differ widely between countries, and in some countries, between regions. For foreigners with Spanish property the question arises through the choice of law, covered in what to know about wills and succession.
§ 2The Regulation and the reserved shares
The Succession Regulation says that the applicable law governs the succession as a whole, including the disposable part of the estate, reserved shares and other restrictions on disposal. It also says that the succession is governed by the law of the State of habitual residence at death, unless manifestly more closely connected with another State, and that a person may choose the law of their nationality. So the reserved share rules that apply to your Spanish property are those of the law that governs the succession, not automatically those of Spain.
§ 3What this means in practice
If you live in Spain and do nothing, Spanish law will probably govern, including its rules on reserved shares, which may differ by region. If you choose the law of your nationality, its rules will apply instead. If you live in another country, that country’s law may govern, depending on whether the Regulation applies there. The result can be very different, so the choice should be made deliberately.
§ 4Choosing the law
The choice must be expressed in a disposition of property upon death, such as a will. It is a technical step, and it should be drafted by a lawyer who understands the effect on your family. Consider the position of each person you want to protect, and the effect on those who would otherwise be protected by the rules. A choice can also be revoked or changed. The planning question is in a Spanish will explained.
§ 5Family situations
Second marriages, children from different relationships and unmarried partners are common cases where reserved shares matter. If you want to leave property to a partner who is not protected by the law, planning is essential. Joint ownership and gifts during life are other tools, though they bring their own effects and taxes.
§ 6Evidence for heirs
After death, heirs may need to prove their rights in Spain. The European certificate explained in the European certificate of succession explained can help, and a lawyer can advise on the rest.
§ 7Questions to ask a lawyer
Ask which law would govern your estate today, whether a choice of law is available and wise, what your relatives would be entitled to, how your Spanish will would fit with your other wills, and what the heirs must do in Spain. Write the answers down and share them with the family.
§ 8Caution
This page is general information drawn from the Regulation. It does not decide your case. Rules on reserved shares are complex and personal, and an error is hard to correct after death.
FAQRelated questions
What is forced heirship?
A rule that reserves part of a person’s estate to certain relatives, such as children, so that the person cannot leave it freely by will. Many countries have versions of it, with different shares and different relatives. The law that governs the succession decides.
Can I avoid it by choosing another law?
The Regulation allows you to choose the law of your nationality for the succession as a whole, including the reserved shares. Whether this achieves what you want depends on that law and on your facts. A lawyer should check before you rely on it.
Does it apply if I live outside Spain?
It depends on the applicable law. If your home country’s law governs, its rules on reserved shares apply even to Spanish assets, as far as the Regulation applies. Your lawyer should check the position in your country of residence and nationality.
Sources
- EUR-Lex: Regulation (EU) No 650/2012 on succession and the European Certificate of Succession (official source, opens in a new window), Arts. 20 to 23 and 62 to 69Last checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.