One of the most overlooked aspects of Spanish property ownership is succession planning. Norway abolished inheritance tax in 2014, so most Norwegian owners are used to thinking "the house goes to the children, end of story." In Spain, it is not that simple.
Spain still has inheritance tax, it varies dramatically by region, and settling a Spanish estate without a Spanish testament can turn a 3-month process into an 18-month legal maze.
I have guided families through this on both sides. The principles are straightforward once you understand the structure.
When a Norwegian owner of a Spanish property passes away:
Both systems must be satisfied. Without a Spanish testament, the heirs must run the entire Norwegian succession, translate and apostille all relevant documents, then apply them to the Spanish property through a Spanish solicitor.
Time for this without a Spanish testament: typically 12–18 months.
Time with a Spanish testament: typically 3–6 months.
Spain's inheritance tax (Impuesto sobre Sucesiones y Donaciones, ISD) is one of the most regionalised taxes in the country. What you pay depends entirely on where the property is located.
Valencia region (where Las Colinas is):
For close family (spouse, children, grandchildren, parents):
Effective tax rate for typical HNWI estates: 6–12% of the property value passed per child.
Other regions for comparison:
The Valencia region is relatively moderate. For most HNWI buyers at Las Colinas, the inheritance tax bill is manageable with proper planning.
Example: Villa at Las Colinas valued at EUR 1,000,000, inherited equally by two children.
Per child: EUR 500,000
Step 1: Apply the 99% reduction on the first EUR 100,000
Step 2: Apply progressive rates on the remainder (EUR 400,000)
Approximate total per child: EUR 35,000–45,000 in Spanish inheritance tax.
For two children: approximately EUR 70,000–90,000 total.
This is not trivial, but it is manageable when compared to the underlying asset value of EUR 1 million. For most Nordic families, the estate can bear this cost.
A Spanish testament (testamento) is a separate will specifically governing your Spanish assets. It runs parallel to your Norwegian will.
Without a Spanish testament:
With a Spanish testament:
The cost of preparing a Spanish testament: typically EUR 300–600 at the notary, including translation and registration. This is probably the single highest-ROI legal spend in all of Spanish property ownership.
A Spanish testament does not replace your Norwegian will. It covers only Spanish assets and aligns with Spanish law procedures.
Structure of a typical Spanish testament:
This last point is important. Without the explicit election, Spanish forced heirship rules may apply, which can reserve 2/3 of the estate for children regardless of what the testament says. A properly drafted Spanish testament avoids this.
Drafting is done by a Spanish solicitor. Signing is at a notary public (notario). The testament is registered in the central Spanish testament registry (Registro General de Actos de Última Voluntad) so it can be found at the time of death.
Since 2015, EU Regulation 650/2012 has given EU citizens (and non-EU citizens with property in an EU country) the right to choose their national law to govern their estate. This is a game-changer for Nordic owners.
As a Norwegian citizen, you can elect in your Spanish testament:
The wording in the testament must be explicit. Common wording: "El testador declara que elige la ley noruega como la ley aplicable a su sucesión, conforme al artículo 22 del Reglamento (UE) 650/2012."
Without this election, Spanish law applies by default, which can override your preferred distribution.
How you structure the joint ownership affects both tax and process.
50/50 joint ownership (common for spouses):
Sole ownership:
Company ownership (Spanish S.L. or similar):
For most Nordic families, 50/50 ownership between spouses is the cleanest structure. Company ownership is worth considering only for very large estates or when multiple properties are involved.
Spain taxes gifts (donaciones) similarly to inheritance. Valencia region reductions apply.
Gifting shares of the property to children during your lifetime can:
Downsides:
For most families the standard approach is: keep ownership during lifetime, plan with a Spanish testament, let inheritance run through proper succession. Gifting is a niche tool for specific planning objectives.
If you own property in Spain, you should have:
If you do not have a Spanish testament, get one. This is typically the first action we recommend to clients after their purchase.
Your Spanish testament should be reviewed and updated:
Updates are relatively inexpensive: a revision at the notary typically costs EUR 150–300.
If Norway has no inheritance tax, why should I worry about this?
Because Spain does. Your heirs will pay Spanish inheritance tax on the Spanish property regardless of Norwegian rules. Planning reduces that tax burden and simplifies the process.
Can a Norwegian solicitor draft my Spanish testament?
No. The Spanish testament must be drafted by a Spanish solicitor and signed before a Spanish notary. However, your Norwegian solicitor can (and should) coordinate with the Spanish solicitor to ensure both wills are aligned.
What if I already have a Norwegian will that mentions Spain?
It is not enough. The Norwegian will covers your intention, but Spanish procedure requires a Spanish-format testament. A Norwegian will alone can still be used, but the process becomes the 12–18 month route described above.
Do digital wills hold up in Spain?
Spain recognises testament en documento público (before a notary), testament ológrafo (handwritten by the testator), and closed testament. Digital-only wills are not yet accepted. Use the notarised format.
What if I inherit property in Spain as a Norwegian?
You pay Spanish inheritance tax on the asset value, apply any applicable reductions for your relationship to the deceased and the region, and declare in Norway as part of your RF-1030 (foreign assets). Norway itself has no inheritance tax, but the value of what you inherited affects your Norwegian wealth tax going forward.
Can inheritance tax be paid from the property itself?
Typically no. Spanish inheritance tax is due from the heir within 6 months of death. If the heir cannot pay from liquid assets, they can request an extension and, in some cases, make a mortgage against the property to cover the tax. Better planning: ensure liquid wealth or life insurance covers this obligation.
Inheritance planning is not urgent until it is. By then it is too late.
The single most impactful action for any Spanish property owner is drafting a Spanish testament. If you own property at Las Colinas and do not yet have one, it should be scheduled this quarter.
At Las Colinas Nordic we work with Spanish solicitors in Alicante who handle this for Nordic clients regularly. The process is:
Total time: approximately 2–3 weeks. Total cost: approximately EUR 400–600.
We can arrange this on your next visit or handle it between visits. Get in touch for a non-binding conversation.
John R. Uppard is founder of Las Colinas Nordic AS and lives at Las Colinas Golf & Country Club in Spain. With more than 35 years of experience in resort development and real estate, he advises Nordic buyers through the full property process.
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Disclaimer: This article provides general information on Spanish inheritance tax and testament law. It is not legal or tax advice. Laws change, and regional rules vary. Always consult a qualified Spanish solicitor and a cross-border tax advisor for your specific estate planning needs.