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Carroll LawLAWYERS SINCE 1888

Spain · Planning ahead

Planning ahead for succession in Spain

Four fixed-fee written opinions for people living in Spain — or holding Spanish assets — who want to understand their position before anything happens. Each one reviewed and signed personally by Colin Carroll.

1 · Who inherits if I die in Spain?

The planning-ahead version of our Inheritance Entitlement opinion — the same analysis we produce after a death, applied to your situation while you can still act. You receive: which law governs your estate (Brussels IV), forced-heirship exposure under the legítima, heir mapping with fractions, matrimonial-regime confirmation, a habitual-residence assessment, and recommendations. Spain adds a question the other countries don’t have: which Spanish system — the Civil Code or a regional regime such as Catalonia’s, where the reserved share works very differently. The opinion settles it.

Pricing: Standard €750 · Cross-Border €1,100 · Complex €1,650. Change-event reassessment €395.

2 · Should I make a Spanish will?

We draft Spanish wills coordinated with your existing planning, not in competition with it. The usual form is the testamento abierto, signed before a Spanish notary and registered automatically in the central wills registry — which is why a Spanish will is found immediately when it matters. Included: advice on which law governs, a correctly worded Brussels IV Article 22 choice-of-law election, coordination with your existing will so neither revokes the other, and a bilingual draft ready for the notary.

The Four-Step Will Test: (1) who inherits right now; (2) your preferences mapped against the legal constraints; (3) the will draft, every clause explained; (4) the analysis re-run with your new will — before and after, side by side.

Combined fee: from €1,200 + VAT. (Notary fees are paid directly to the notary.)

3 · What does my marriage mean for inheritance?

Your matrimonial property regime decides what is already your spouse’s before inheritance even begins — and in Spain the default depends on where you are: gananciales (community of gains) under the Civil Code, separation of property by default in Catalonia. A written opinion identifies your regime, classifies your assets, and sets out what happens on death. Essential for mixed-nationality couples, second marriages, and anyone who married abroad.

Pricing: Standard €750 · Cross-Border €1,100.

4 · Your UK trust in Europe — does it still work?

European countries treat UK trusts very differently — Italy recognises them; Portugal tolerates them (no trust law, but distributions are taxed); France taxes them heavily; Spain looks through them. This Cross-Border Structure Advisory covers whether your structure works where you live, what it costs you, and the local alternatives. We don’t set up trusts, act as trustees, or advise on how your structure is taxed.

Pricing (ex-VAT): Add-on €800 (PT/ES) / €1,000 (FR/IT) · Standalone €1,200 (PT/ES) / €1,500 (FR/IT) · Multi-jurisdiction €2,000 (PT/ES) / €2,500 (FR/IT).

Who prepares your work

Your work is signed personally by Colin Carroll — a dual-qualified solicitor, admitted in both England and Ireland, who has lived and worked on the European continent for twenty-five years. Today he is the registered, insured lawyer with the Ordem dos Advogados (the Portuguese Bar) and the bars of Spain, Italy and France, under EU Directive 98/5/EC, with professional-indemnity insurance in each country of practice.

Wherever you are

Tell us what’s happened — and we’ll tell you exactly what it takes, and exactly what it costs.

No obligation, and nothing to pay to find out where you stand. A lawyer reads every enquiry personally and replies, usually within one working day. And don’t worry if you don’t have all the paperwork or details yet — most people don’t at this stage. Tell us what you know, and we’ll help you find the rest.