Can I inherit a property in Spain if there’s no will?

If you’ve recently lost a loved one who owned property or assets in Spain, you’re probably wondering what happens next, especially if there’s no will. It’s completely normal to feel confused or overwhelmed, particularly when you’re already managing affairs in the UK. Juggling legal processes in two different countries at once can be stressful, and it’s easy to feel like there’s a mountain to climb. But you’re not alone in this. Many people face similar challenges, and with the right support, our experts can break down this process into manageable steps to help you move forward.
At Gascon Bernabeu, we regularly help clients in the UK who need to go through the Spanish probate process without there being either a Spanish or UK will. While it does involve a few extra steps, it’s entirely possible to manage things smoothly with the right documents in place. Here’s what you need to know about how the process works and how our English-speaking Spanish solicitors can support you from start to finish.
What happens when there’s no will?
In Spain, when someone dies without leaving a will, the estate can still be inherited; however, additional documentation is required to confirm who the legal heirs are. The most important document in this situation is called a Grant of Representation. This is issued by the UK probate registry and essentially proves that you have the legal authority to deal with the person’s estate. Spanish authorities will usually need to see this before the inheritance process can go any further.
If you already have a UK solicitor, they can usually help you apply for this. However, if you don’t, the application process is something you can handle on your own. It involves submitting a formal request to the probate office, along with supporting documents such as the death certificate and an inheritance tax form, even if there’s no tax to pay. You’ll also need to pay a small fee when sending off the application. Once everything is received and processed, you’ll be contacted to attend a short appointment to swear an oath or affirmation, after which the Grant of Representation will be issued.
Using UK documents in Spain
Once you have the Grant of Representation, there’s one final step before it can be used in Spain: it needs to be legalised. This is done through the Foreign, Commonwealth & Development Office in the UK, and it confirms that the document is genuine and valid for international use. Spanish authorities won’t accept it otherwise. If you’re not sure how to proceed with this part of the process, or if you’d prefer not to handle it yourself, we can arrange the legalisation on your behalf and ensure the paperwork is in order.
Do you still need to go through the process if the estate is small?
This is a common question, especially when there is only one heir or the estate is relatively modest. If the assets involve something like a small bank account or a holiday property, it is natural to wonder whether the full legal process is really necessary. However, Spanish law still requires formal documentation to confirm who is entitled to inherit, regardless of the estate’s size. We understand how difficult it can be to face these administrative steps while coming to terms with a loss. Our role is to relieve that burden by guiding you through the process and managing the legal requirements on your behalf, so you can focus on what matters most.
Will you have to pay inheritance tax in Spain?
Many people are surprised by just how different Spanish inheritance law is compared to the UK, particularly when it comes to tax. In Spain, inheritance tax is handled at a regional level, which means the rules and allowances can vary significantly depending on where the property or assets are located. Even if no tax is due in the UK, there may still be obligations in Spain. It’s something that’s important to understand early on, so you know exactly where you stand. We’ll explain how it works in your situation and help you comply with any Spanish tax requirements correctly, avoiding delays or unexpected issues later on.
How can we help
Dealing with probate is never easy, especially across borders, but you don’t have to manage it alone. We’ve helped many UK-based clients navigate the Spanish inheritance process, including families facing the additional challenge of not having a will in place. From helping you complete the right forms, to legalising documents and liaising with the Spanish authorities, we can take care of as much or as little as you need.
Whether you’d just like a quick conversation to understand your next steps or you’d prefer us to handle everything on your behalf, we’re here to make the process easier in any way we can. You can contact our English-speaking Spanish solicitors through the form on our website, by sending an email to info@gbabogados.co.uk, or by calling us on +44 (0)20 3137 1320. We’ll be happy to answer any of your initial questions during a no-obligation consultation, so you can determine your next steps.