Solicitor in Spain

Category: Tax in Spain

  • 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.

  • 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.