Solicitor in Spain

Author: abogado

  • Do You Need a Spanish Will If You Own Property in Spain? (2026 Guide)

    If you own property or other assets in Spain, you may be wondering whether it is necessary to make a Spanish will.

    While it is not always legally required, having a Spanish will is often advisable, particularly for individuals who live outside Spain but hold assets within the country.

    This article explains when a Spanish will may be appropriate and why many UK property owners choose to have one.

    Is a Spanish Will Required?

    There is no strict legal requirement to have a Spanish will if you own assets in Spain.

    However, without one, dealing with inheritance matters can be more complex and time-consuming, particularly when the deceased was resident in another country.

    Why Consider a Spanish Will?

    A Spanish will can simplify the administration of your estate in Spain.

    Key advantages may include:

    • Simplifying inheritance procedures in Spain
    • Reducing delays when dealing with Spanish assets
    • Avoiding the need to rely solely on a foreign will
    • Providing clarity regarding your wishes under Spanish law

    For individuals with property in Spain, having a Spanish will can make the process significantly more straightforward for heirs.

    Spanish Law and Inheritance

    Spanish inheritance law differs from the law in the United Kingdom.

    In some cases, Spanish law includes forced heirship rules, which may affect how assets are distributed.

    However, under European regulations, it may be possible in certain circumstances to choose the law of your nationality to apply to your estate.

    Because of this, inheritance planning involving Spain often requires careful consideration.

    Having More Than One Will

    It is possible to have:

    • a will in your home country, and
    • a separate Spanish will dealing specifically with assets located in Spain

    This approach is commonly used to ensure that each jurisdiction can deal with assets more efficiently.

    However, it is important that multiple wills are properly coordinated to avoid conflicts.

    What Happens Without a Spanish Will?

    If a person dies without a Spanish will but owns assets in Spain:

    • the inheritance process may take longer
    • additional documentation may be required
    • foreign documents may need to be translated and legalised
    • the process may become more complex for heirs

    While it is still possible to deal with the estate, the process is often less straightforward.

    Spanish Property Owners

    Many UK nationals who own property in Spain choose to make a Spanish will as part of their overall planning.

    This is particularly relevant for those who:

    • own a holiday home in Spain
    • have long-term ties to Spain
    • intend to pass property to family members
    • wish to simplify inheritance procedures

    Legal Advice on Spanish Wills

    Inheritance matters involving Spain can involve both Spanish law and international considerations.

    Solicitor in Spain provides legal guidance to clients who require assistance with Spanish wills and inheritance matters, helping them understand the available options.

    Consultation

    If you own property in Spain and would like to discuss whether a Spanish will may be appropriate in your circumstances, you can request an initial consultation.

    An initial consultation (30 minutes) costs £50, during which we will review your situation and provide preliminary legal guidance.

    If you decide to instruct us following the consultation, the consultation fee will be deducted from the total fee for the services agreed, where applicable.

    Please note that legal advice can only be provided as part of a formal consultation.

    Contact

    If you would like to discuss your situation, you can contact us through the website.

    We will review your enquiry and explain the possible next steps.

  • Buying Property in Spain as a UK Resident: Legal Steps Explained (2026)

    Buying property in Spain remains a popular option for UK residents, whether for a holiday home, retirement, or investment.

    However, purchasing property in Spain involves a different legal system and procedures, which can be difficult to navigate from abroad.

    This guide explains the main legal steps involved in buying property in Spain in 2026, and what UK buyers should consider before proceeding.

    Can UK Citizens Buy Property in Spain?

    Yes. UK citizens can still buy and own property in Spain without restrictions.

    Brexit has affected immigration rules, but it has not changed the ability of UK nationals to purchase property in Spain.

    However, owning property does not automatically grant the right to live in Spain. If you intend to stay for extended periods, you may need to consider visa or residence options.

    Step 1: Obtain an NIE Number

    Before purchasing property in Spain, you will need a Número de Identidad de Extranjero (NIE).

    This is a tax identification number required for:

    • buying property
    • paying taxes
    • opening a bank account in Spain

    Without an NIE, you cannot complete the purchase.

    Step 2: Open a Spanish Bank Account

    Although not strictly mandatory, it is highly advisable to open a Spanish bank account.

    This will be necessary for:

    • paying the purchase price
    • covering taxes and fees
    • setting up utility payments

    Step 3: Property Checks and Due Diligence

    One of the most important stages is ensuring that the property is legally sound.

    This may involve:

    • verifying ownership at the Land Registry
    • checking for debts or charges on the property
    • confirming planning permissions and legal status
    • reviewing contracts and documentation

    Carrying out proper checks before purchase is essential to avoid future legal issues.

    Step 4: Private Purchase Contract

    Once the initial checks are completed, the parties usually sign a private purchase contract.

    At this stage, the buyer typically pays a deposit.

    The contract will set out:

    • the agreed purchase price
    • payment terms
    • completion date

    Step 5: Completion Before a Notary

    The final step is signing the public deed of sale (Escritura) before a Spanish notary.

    At this stage:

    • the remaining balance is paid
    • ownership is formally transferred
    • the transaction is recorded

    After completion, the property is registered in the buyer’s name at the Land Registry.

    Taxes and Costs

    Buying property in Spain involves additional costs, which may include:

    • property transfer tax (or VAT for new properties)
    • notary fees
    • land registry fees
    • legal fees

    These costs can vary depending on the region and the nature of the property.

    Important Considerations for UK Buyers

    When buying property in Spain as a UK resident, it is important to consider:

    • whether you plan to spend long periods in Spain
    • visa or residence requirements
    • tax implications in Spain and the UK
    • inheritance considerations

    Many UK buyers also consider making a Spanish will if they own property in Spain.

    Legal Advice for Property Purchases in Spain

    Buying property abroad involves legal risks if the process is not properly understood.

    Solicitor in Spain provides legal guidance to UK and international clients purchasing property in Spain, helping them understand the legal procedures and avoid potential issues.

    Consultation

    If you are considering buying property in Spain, you may request an initial consultation.

    An initial consultation (30 minutes) costs £50, during which we will review your situation and provide preliminary legal guidance.

    If you decide to instruct us following the consultation, the consultation fee will be deducted from the total fee for the services agreed, where applicable.

    Please note that legal advice can only be provided as part of a formal consultation.

    Contact

    If you would like to discuss your situation, you can contact us through the website.

    We will review your enquiry and explain the possible next steps.

  • Do You Become Tax Resident in Spain After 183 Days? (UK Guide 2026)

    For many UK nationals planning to move to Spain, one of the most important questions is whether they will become tax resident in Spain.

    A common belief is that spending more than 183 days in Spain automatically makes you a tax resident. While this is often correct, the reality is more complex.

    This article explains how tax residency in Spain works in 2026, particularly for individuals moving from the United Kingdom.

    The 183-Day Rule

    Under Spanish tax law, an individual is generally considered tax resident in Spain if they spend more than 183 days in Spain during a calendar year.

    These days do not need to be consecutive. Short trips outside Spain may still be counted as days spent in Spain, depending on the circumstances.

    If this threshold is exceeded, the individual will normally be treated as a Spanish tax resident.

    What Does Tax Residency Mean?

    If you are considered tax resident in Spain, you are generally required to:

    • declare your worldwide income in Spain
    • pay tax in Spain on income earned both inside and outside the country
    • comply with Spanish tax reporting obligations

    This can include income such as:

    • employment income
    • pensions
    • rental income
    • investment income

    Other Criteria for Tax Residency

    The 183-day rule is not the only factor.

    You may also be considered tax resident in Spain if:

    • your main economic interests are located in Spain, or
    • your spouse and dependent family members reside in Spain

    This means that even if you spend fewer than 183 days in Spain, you could still be treated as tax resident depending on your circumstances.

    Tax Residency and UK Nationals

    Since Brexit, UK nationals moving to Spain are subject to Spanish immigration rules, but tax residency is determined separately.

    Many individuals who obtain a Non-Lucrative Visa or other residence permit will eventually become tax resident in Spain.

    However, tax residency depends on actual presence and circumstances, not simply holding a visa.

    Double Taxation Considerations

    The United Kingdom and Spain have a double taxation agreement, which is designed to prevent individuals from being taxed twice on the same income.

    This agreement includes rules (often referred to as “tie-breaker rules”) to determine which country has primary taxing rights in certain situations.

    Because cross-border tax matters can be complex, professional advice is often advisable.

    Important Considerations

    Before moving to Spain, it is important to consider:

    • how long you plan to stay in Spain
    • where your income is generated
    • your ties to the United Kingdom
    • your long-term residence plans

    Tax residency can have significant financial implications, so understanding the rules in advance is important.

    Legal Advice for UK Clients

    Many UK nationals moving to Spain are unsure how tax residency rules apply to their situation.

    Solicitor in Spain provides legal guidance to clients who require assistance with residence in Spain and related legal matters, helping them understand the legal framework involved.

    Consultation

    If you are planning to move to Spain or spend extended periods in the country, you may request an initial consultation.

    An initial consultation (30 minutes) costs £50, during which we will review your situation and provide preliminary legal guidance.

    If you decide to instruct us following the consultation, the consultation fee will be deducted from the total fee for the services agreed, where applicable.

    Please note that legal advice can only be provided as part of a formal consultation.

    Contact

    If you would like to discuss your situation, you can contact us through the website.

    We will review your enquiry and explain the possible next steps.

  • How Long Can UK Citizens Stay in Spain in 2026? The 90-Day Rule Explained

    Since the United Kingdom left the European Union, UK nationals are now treated as third-country nationals when travelling to Spain and other countries in the Schengen Area.

    One of the most important consequences of Brexit is the introduction of the 90-day rule, which limits the amount of time UK citizens can stay in Spain without a visa.

    Understanding how this rule works is essential for anyone planning to spend time in Spain in 2026.

    The 90-Day Rule

    UK citizens can normally stay in Spain and the Schengen Area for up to 90 days within any 180-day period without needing a visa.

    This rule applies to short stays for purposes such as:

    • tourism
    • visiting family or friends
    • short business trips
    • attending events or conferences

    The rule applies to the entire Schengen Area, not just Spain.

    This means that time spent in any Schengen country counts towards the 90-day limit.

    What Is the Schengen Area?

    The Schengen Area is a group of European countries that have abolished internal border controls.

    For immigration purposes, the 90-day rule applies across all Schengen countries collectively, including Spain, France, Italy, Portugal, Germany, and many others.

    If a UK citizen spends time in several Schengen countries, all those days are counted together when calculating the 90-day limit.

    How the 180-Day Period Works

    The 180-day period is calculated on a rolling basis.

    This means that immigration authorities look back over the previous 180 days to determine how many days have already been spent in the Schengen Area.

    If a person has already spent 90 days in the Schengen Area during that period, they must leave and wait until enough days have passed before returning.

    Because the rule can be confusing, many travellers use online Schengen calculators to track their days.

    What Happens If You Stay Longer Than 90 Days?

    If a UK citizen wishes to remain in Spain for longer than 90 days, they will normally need to apply for a long-stay visa or residence permit.

    Common options include:

    • the Non-Lucrative Visa
    • residence permits based on family circumstances
    • other residence options provided under Spanish immigration law

    Remaining in Spain beyond the permitted 90 days without the appropriate visa may lead to immigration penalties or difficulties when entering the Schengen Area in the future.

    Moving to Spain from the UK

    Many UK nationals who wish to spend extended periods in Spain eventually decide to apply for legal residence in Spain.

    Residence permits allow individuals to remain in Spain beyond the 90-day limit, subject to the requirements of the relevant immigration category.

    Understanding which option may be appropriate depends on each person’s individual circumstances.

    Legal Advice on Spanish Residence

    Immigration rules can be complex and may change over time.

    Solicitor in Spain provides legal guidance to individuals who wish to understand the legal requirements for living in Spain and the immigration options available.

    Consultation

    If you are considering moving to Spain or spending extended periods in the country, you may request an initial consultation.

    An initial consultation (30 minutes) costs £50, during which we will review your situation and provide preliminary legal guidance.

    If you decide to instruct us following the consultation, the consultation fee will be deducted from the total fee for the services agreed, where applicable.

    Please note that legal advice can only be provided as part of a formal consultation.

    Contact

    If you would like to discuss your situation, you can contact us through the website.

    We will review your enquiry and explain the possible next steps.

  • The Non-Lucrative Visa for Spain in 2026: A Guide for UK Residents

    For many people wishing to move to Spain without working locally, the Non-Lucrative Visa (NLV) remains one of the most popular immigration options.

    In 2026, this visa continues to be widely used by retirees, remote professionals with independent income, and individuals who wish to live in Spain without engaging in employment or business activities within the country.

    This article explains the main features of the Non-Lucrative Visa, the general requirements, and what applicants should consider before applying.

    If you are considering applying for a residence visa, you may wish to read more about our Spanish visa services.

    What Is the Non-Lucrative Visa?

    The Non-Lucrative Visa is a residence visa that allows non-EU nationals to live in Spain without carrying out professional or employment activities within the country.

    It is intended for individuals who can demonstrate that they have sufficient financial resources to support themselves without working in Spain.

    The visa initially allows the holder to reside in Spain for one year, after which it may be renewed if the relevant requirements continue to be met.

    Who Typically Applies for This Visa?

    The Non-Lucrative Visa is often used by:

    • retirees wishing to live in Spain
    • individuals with sufficient savings or passive income
    • people who wish to spend extended periods in Spain
    • families relocating to Spain without employment in the country

    Since the United Kingdom left the European Union, this visa has become a common option for UK nationals who wish to move to Spain.

    Financial Requirements in 2026

    One of the most important requirements for the Non-Lucrative Visa is demonstrating sufficient financial means.

    Applicants generally need to show resources equivalent to 400% of the IPREM (Indicador Público de Renta de Efectos Múltiples) for the main applicant.

    Additional financial resources are normally required for accompanying family members.

    The exact amounts can change annually, as they are linked to the IPREM index published by the Spanish government.

    Applicants may demonstrate financial means through:

    • savings
    • pensions
    • investment income
    • other regular sources of income

    The purpose of this requirement is to ensure that applicants can support themselves while living in Spain.

    Health Insurance Requirement

    Applicants must normally obtain private health insurance valid in Spain.

    The policy must typically:

    • cover healthcare in Spain
    • provide comprehensive coverage
    • not include co-payments in many cases

    This requirement ensures that applicants will have access to healthcare without relying on the Spanish public health system.

    Application Process

    The application for a Non-Lucrative Visa is generally made at the Spanish consulate in the applicant’s country of residence.

    Although procedures may vary slightly depending on the consulate, the process usually involves:

    1. Preparing the required documentation
    2. Submitting the application at the Spanish consulate
    3. Waiting for the visa decision
    4. Travelling to Spain after approval
    5. Applying for a residence card once in Spain

    Processing times can vary depending on the consulate and the time of year.

    Renewing the Non-Lucrative Visa

    The initial visa is normally granted for one year.

    If the holder continues to meet the requirements, it may be possible to apply for renewal.

    Renewals are typically granted for longer periods, provided that the applicant continues to satisfy the financial and residence requirements.

    Important Considerations

    Before applying for a Non-Lucrative Visa, applicants should carefully consider several factors, including:

    • the financial requirements
    • tax residency implications
    • healthcare coverage
    • residence obligations in Spain

    Because each situation is different, obtaining legal advice may help applicants understand the available options and requirements.

    Legal Advice for UK Clients

    Many UK nationals who are planning to move to Spain choose the Non-Lucrative Visa as a way to obtain residence.

    However, immigration rules can be complex and may change over time.

    Solicitor in Spain provides legal guidance to clients who wish to understand the legal requirements for Spanish residence visas and the application process.

    Consultation

    If you would like to discuss your plans to move to Spain or explore whether the Non-Lucrative Visa may be appropriate for your circumstances, you can request an initial consultation.

    An initial consultation (30 minutes) costs £50, during which we will review your situation and provide preliminary legal guidance.

    If you decide to instruct us following the consultation, the consultation fee will be deducted from the total fee for the services agreed, where applicable.

    Please note that legal advice can only be provided as part of a formal consultation.

    Contact

    If you would like to discuss your situation, you can contact us through the website.

    We will review your enquiry and explain the possible next steps.