Private Wealth

International estate and succession planning in Spain

An international succession plan must align governing law, taxation, assets and family responsibility.

Families connected with Spain often have nationalities, residences, beneficiaries and assets spread across several jurisdictions. In that setting, a standalone will is rarely enough. The law governing the succession, coordination between testamentary documents, matrimonial property, asset ownership and the taxation of each beneficiary must work together.

The EU Succession Regulation provides a framework generally linked to habitual residence and, in appropriate circumstances, allows a person to choose the law of their nationality to govern the succession. That choice does not determine tax and does not resolve every question involving countries outside the Regulation. Forced-heirship rights, a spouse’s position, succession agreements, trusts and business structures still require separate analysis.

Lullius designs and reviews succession plans for entrepreneurs, international families and owners of Spanish assets. We begin by identifying the people, assets, documents and objectives. We then coordinate Spanish civil and tax advice with advisers in the other jurisdictions, avoiding inconsistent wills and ensuring that ownership and governance decisions support the plan.

Planning also addresses implementation. We consider who will administer the estate, how liquidity will be created for tax and expenses, what information heirs will require and how a family business can continue. The aim is a plan that is understandable, documented and capable of adapting when residence, family circumstances or the asset base changes.

Focused support

Organising an international succession

Family and asset map

We identify heirs, dependants, nationalities, residences, assets, liabilities, companies and existing documents to locate conflicts and questions requiring local advice.

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A coordinated succession

Planning principles

Civil law and tax are different questions. The law governing who inherits and in what proportion does not necessarily determine where or how tax arises. A valid choice of law may organise the civil succession while the residence of the deceased or beneficiaries and the location of assets create tax obligations in several states. We analyse those dimensions separately and then reconnect them. This avoids a civil-law solution creating an unexpected tax outcome or a tax-driven step undermining family rights that were meant to be protected.
The documents must speak to one another. Wills, matrimonial agreements, company articles, family agreements, trusts, insurance policies and beneficiary nominations may deal with the same assets in different ways. We define the intended scope of each instrument and coordinate the professionals responsible in each jurisdiction. We also address form, translation, legalisation and access. A plan that cannot be found, proved or implemented efficiently loses much of its value.
A plan for a changing family. Succession planning should be reviewed when residence, marriage, beneficiaries, business ownership or the asset mix changes. We agree review points and explain which events should trigger fresh advice. Following a death, we can coordinate the Spanish process, tax filings and foreign advisers. Prior involvement makes implementation more coherent, while each decision remains subject to the law and facts in force at that time.
Governance, communication and privacy. Succession planning may require different conversations with the owner, spouse, next generation and business leadership. We agree who participates at each stage, what information may be shared and how decisions are recorded, preserving individual confidentiality. Where a family wishes to prepare future owners or beneficiaries, we translate the legal and tax architecture into understandable responsibilities. Continuity depends not only on the instruments but also on the people expected to use them understanding their purpose and limits. This does not require every economic detail to be disclosed in advance. Preparation can be gradual, separating education about governance and responsibility from financial information the owner prefers to keep private. The communication plan can evolve as beneficiaries mature and as the owner’s objectives become more defined. We also consider who will hold original documents, who can access information after incapacity or death and how advisers in different countries will be instructed. These practical arrangements often determine whether a carefully designed plan can be implemented without delay or unnecessary disclosure. Review dates are recorded alongside those responsibilities.