Inheritance in Spain: What Swiss Heirs Need to Know

When a Swiss national owns assets in Spain — real estate, bank accounts, or investments — their heirs face a complex dual-jurisdiction legal challenge. Inheritance in Spain is governed by both Spanish and Swiss law, and understanding the interaction between these two systems is critical for effective estate planning.

Which Law Applies to an Inheritance in Spain?

Since 2015, EU Succession Regulation No. 650/2012 applies across the EU. Under this regulation, the law of the country where the deceased was habitually resident at the time of death generally governs the entire estate — including assets in Spain. However, residents of non-EU countries like Switzerland may have specific rules applied to their Spanish assets.

Swiss nationals who are resident in Switzerland but own property in Spain should seek professional advice to determine which succession law applies to their specific situation.

Spanish Inheritance Tax (Impuesto de Sucesiones y Donaciones)

Spain levies inheritance tax on assets located in Spain, regardless of where the heirs reside. The tax rate varies significantly by region — some autonomous communities like Madrid offer substantial reductions or bonifications. Heirs must file and pay Spanish inheritance tax within 6 months of the deceased’s death, with a possible 6-month extension.

Key tax-free allowances depend on the relationship between heir and deceased, the heir’s pre-existing wealth, and the autonomous community where the assets are located.

The Role of a Spanish Will

We strongly recommend that Swiss nationals owning assets in Spain draw up a Spanish will (testamento). A Spanish will covering only your Spanish assets significantly simplifies and accelerates the inheritance process for your heirs. Without a Spanish will, the probate process can take years and involve extensive legal costs.

A Spanish will is drawn up before a Spanish notary and is registered in the Central Registry of Last Wills (Registro General de Actos de Última Voluntad).

The Inheritance Process in Spain

After the death of a Spanish asset owner, heirs must: obtain a death certificate, request a certificate of last wills from the Spanish registry, obtain the official Spanish will (if one exists), have the will and other documents officially translated, and finally sign an acceptance of inheritance (escritura de aceptación de herencia) before a Spanish notary.

Swiss Tax Obligations for Inherited Spanish Assets

Swiss heirs who receive Spanish real estate must declare this property in Switzerland for wealth tax purposes. Rental income from Spanish property must also be declared in Switzerland — though double taxation agreements between Spain and Switzerland prevent the same income from being taxed twice.

Our law firm guides Swiss heirs through every step of the Spanish inheritance process — from initial legal advice to final registration of the inherited property. Contact us for a consultation.