Professional advice on cross-border inheritance cases between Germany and Spain. We guide you through all legal and tax challenges.
Inheritance cases involving Germany and Spain are among the most complex situations in international inheritance law. This complexity arises from the interplay of two different legal systems, various forms of wills, and tax peculiarities in both countries.
Questions arise particularly frequently when real estate in Spain is part of the estate, when the deceased had their last habitual residence in one of the two countries, or when heirs live in different countries. While the EU Succession Regulation has standardized some aspects, numerous specific details still need to be considered.
Sound advice from experts familiar with both legal systems is therefore essential. As a German specialist law firm, we work closely with Spanish lawyers and offer you comprehensive, one-stop support.
Which inheritance law applies to your case? The EU Succession Regulation governs when German and when Spanish inheritance law applies. Learn more about choice of law and its limitations.
Spanish inheritance law differs fundamentally from the German system. In addition to general Spanish law, there are regional (Foral) laws with their own regulations regarding compulsory shares.
From the opening of the will to the certificate of inheritance and the transfer of Spanish real estate – we accompany you through all steps of cross-border estate settlement.
Should you draw up a German or Spanish will? We advise you on the advantages and disadvantages of different types of wills and help you with optimal estate planning.
The tax aspects of German-Spanish inheritance cases are particularly complex. We will explain the tax obligations in both countries and the double taxation agreement.
Which courts have jurisdiction over your inheritance case? Learn more about international jurisdiction rules and options for agreeing on a court of jurisdiction.
According to the EU Succession Regulation, the law of the state in which the deceased had their habitual residence at the time of death generally applies. However, by making an explicit choice of law, the deceased can choose the law of their nationality – for example, German law for a German national.
General Spanish inheritance law is regulated in the Código Civil and applies in most regions of Spain. It differs significantly from German inheritance law, particularly with regard to freedom of testation and the right to a compulsory share of the estate.
Certain regions of Spain, such as the Balearic Islands, Catalonia, and the Basque Country, have their own inheritance laws (Foral Laws) that can differ significantly from general Spanish law. Knowledge of these regional peculiarities is essential for estate planning.
A German certificate of inheritance is generally recognized in Spain, but it must be apostilled and certified. In many cases, a European Certificate of Succession is also recommended, as it is recognized throughout the EU without further formalities and speeds up the process.
Jurisdiction is determined by the deceased's last habitual residence. A choice of court agreement is only possible to a limited extent. However, you can stipulate that German inheritance law applies, even if Spanish courts have jurisdiction, by making a choice of law clause.
Yes, according to the EU Succession Regulation, the law of the state in which the deceased had their habitual residence at the time of death generally applies. If you live permanently in Spain, Spanish inheritance law would therefore apply – unless you make a choice of law in favor of German law.
An additional Spanish will can significantly simplify and expedite probate, as it can be used directly before Spanish authorities. However, it is crucial that both wills are consistent in content and do not contradict each other. We would be happy to advise you on the optimal way to draft your will.
Spanish inheritance law differs significantly from the German system. Under general Spanish law, descendants, parents, and spouses have a right to a compulsory share of the inheritance. However, the amount and specific terms vary depending on the applicable law – different regulations apply in the regional jurisdictions (Foral law regions).
We offer you the unique combination of German specialist legal expertise and Spanish legal know-how. Through our close cooperation with Spanish lawyers, we can provide you with comprehensive advice on all aspects of German-Spanish inheritance law.
Dr Michael Gottschalk is a specialist lawyer for inheritance law with many years of experience in international inheritance law. In cooperation with Carlos Vázquez Sarazá, As a Spanish Abogado licensed in Germany and Spain, we offer you expert advice in both legal systems.
Dr Michael Gottschalk
Carlos Vázquez Sarazá
German inheritance law is complex and often raises specific questions. Instead of searching extensively, you gain direct access to the information you need. Simply enter a term – such as "will," "compulsory share," or "community of heirs" – into the search field, and our intelligent search will immediately provide you with the relevant articles and explanations.
Kaiser-Friedrich-Ring 7
40545 Düsseldorf
Tel: 0211 / 550 84 35-0
Fax: 0211 / 550 84 35-1
E-Mail: info@gottschalk-erbrecht.de
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