Spain · Cross-border succession · Information, not legal advice — as at 28 June 2026
Who inherits under Spanish law?
Under Spain’s common Civil Code, the children are forced heirs: the law reserves two-thirds of the estate for them (the legítima) — one-third shared equally between them, and a second third (the mejora) the parent may use to favour one child or grandchild — leaving only one-third freely disposable. The surviving spouse takes a life interest (usufructo), not ownership. If you are a foreign national you can usually escape these rules by electing the law of your nationality in your will under Brussels IV — and note that several regions of Spain (notably Catalonia) have their own, very different forced-heirship law.
Spain, like Portugal, Italy and France, is a civil-law country with forced heirship: a fixed share of the estate is reserved by law for close family, and a will cannot simply override it. The rules below are those of the “common” Spanish Civil Code, which applies across most of Spain — but several regions have their own law (see below), and for a foreign national the whole question can change under Brussels IV.
What is the legítima?
The legítima is the protected share. Under Civil Code article 806 it is “the portion of the estate the testator cannot freely dispose of, because the law has reserved it for certain heirs” — the herederos forzosos (forced heirs). Under article 807 the forced heirs are, in order: the children and descendants; in their absence, the parents and ascendants; and the surviving spouse, in the form the Code sets out.
How much do the children get?
Under Civil Code article 808 (in its current form after Ley 8/2021), the children’s legítima is two-thirds of the estate. That two-thirds divides into two parts: one-third (the legítima estricta) must pass to the children in equal shares; the other third — the tercio de mejora — may also be used for children or grandchildren, but the parent may direct it to favour one of them. Only the remaining one-third (the tercio de libre disposición) is genuinely free to leave to anyone.
What does the surviving spouse get?
The surviving spouse does not take ownership of a reserved share where there are children — instead the spouse takes a usufruct (a life interest). Under article 834, a spouse who inherits alongside children is entitled to the usufruct of the tercio de mejora. Where there are no children but there are parents or other ascendants, article 837 gives the spouse the usufruct of half the estate; and where there are neither descendants nor ascendants, article 838 gives the spouse the usufruct of two-thirds.
An unmarried partner (pareja de hecho) has no reserved share under the common Civil Code, even if registered; some regions with their own civil law give a registered or stable partner rights of their own.
What if there are no children?
If the deceased left no descendants, the parents and ascendants become the forced heirs. Under article 809 their legítima is one-half of the estate — reduced to one-third where they share the inheritance with a surviving spouse.
Can I avoid Spanish forced heirship?
If you are not a Spanish national, usually yes. Under the EU Succession Regulation (Brussels IV, Regulation 650/2012) the default law governing your estate is the law of the country where you were habitually resident at death — so a British national who has made Spain their home may, without planning, fall under Spanish forced heirship. But Brussels IV lets you make an express choice of the law of your nationality in your will. A single, correctly drafted clause electing (for example) English law restores your freedom to leave your Spanish assets as you wish, subject only to the family claims English law still allows. It governs who inherits — not the tax.
Do the same rules apply across all of Spain?
No — and this catches people out. Several comunidades autónomas have their own derecho foral (regional civil law) with different forced-heirship rules: Catalonia (where the legítima is only one-quarter and is a money claim, not a share of the assets), the Basque Country, Navarra (where freedom of disposition is almost total), Aragón, Galicia and the Balearic Islands. Which set of rules applies to a Spanish national depends on their vecindad civil (regional citizenship), not on where the property sits.
Who inherits if there is no will?
On an intestacy, the Civil Code calls the heirs in order: first the children and descendants; then the parents and ascendants; then the surviving spouse; then siblings and other collaterals; and finally the State. Before the estate can be dealt with, the heirs are formally established by a notarial Declaración de Herederos. We handle that, and the whole Spanish side of the estate, remotely and in plain English.