A groundbreaking resolution from Spain’s Directorate-General for Legal Security and Public Faith, issued on 4 August 2025, has provided crucial clarification for STEP practitioners managing cross-border estates between the UK and Spain. This decision establishes clear precedent that English law can govern Spanish asset inheritance through implied choice of law provisions, eliminating the need for UK Grants of Probate in many circumstances.
The resolution addresses long-standing uncertainties that have complicated estate administration for British nationals with Spanish assets, offering a streamlined path for beneficiaries and their advisers. For STEP professionals, this development represents a significant shift in how cross-border successions should be approached and structured.
The Case Background: A Typical Cross-Border Challenge
The case involved a British national who died in 2022, having executed a Spanish notarial will in 1987 that appointed his wife as universal heir to all assets located in Spain. Despite the apparently straightforward nature of the bequest, the local Property Registrar refused to register the inheritance, raising several technical objections that have become familiar obstacles in UK-Spain estate matters.
The registrar’s concerns centred on three key issues: whether the applicable law had been properly determined under EU succession rules, whether the will appeared to fragment the succession by addressing only Spanish assets, and most significantly, whether additional UK documentation, specifically a Grant of Probate, was required to validate the inheritance.
These objections reflect broader challenges that STEP practitioners regularly encounter when advising on estates spanning multiple jurisdictions, particularly where different legal systems apply varying requirements for asset transfer and inheritance validation.
The Directorate-General’s Landmark Decision
The Directorate-General decisively overturned the registrar’s refusal, establishing several critical principles that will reshape how practitioners approach UK-Spain estate planning and administration.
Implied Choice of Law Under Article 83(4)
The resolution’s most significant finding relates to the recognition of implied professio iuris (choice of law) in pre-EU Succession Regulation wills. The Directorate-General held that the 1987 Spanish notarial will contained a tacit choice of English law under Article 83(4) of EU Regulation 650/2012, despite being executed decades before the regulation came into force.
This determination was based on several key factors. First, that it is clear from the will’s content that he wished to make a will in accordance with English law. Second, that the Spanish notary expressed knowledge of foreign British law; finally, that the testator’s election on the applicable law made before the Regulation’s entry into force shall be considered as the applicable law. Accordingly, the Directorate-General held that formal, explicit choice of law clauses are not always necessary where the intention can be reasonably inferred from the circumstances.
Unity of Succession Under English Law
The resolution firmly rejected the fragmentation argument, confirming that English law governs the entire succession regardless of asset location. The Directorate-General emphasised that merely referring to Spanish assets in a Spanish will does not create separate succession regimes or conflict with EU principles of unified inheritance law.
This finding provides crucial clarity for estates where testators have created jurisdiction-specific wills for administrative convenience, confirming that such arrangements do not necessarily fragment the succession under different legal systems.
Elimination of Probate Requirements
Perhaps most practically significant for STEP practitioners is the resolution’s clear statement that UK Grants of Probate are not required for Spanish asset inheritance where valid Spanish notarial wills exist.
The Directorate-General ruled that imposing probate requirements would contradict the fundamental purpose of the EU Succession Regulation, which seeks to simplify cross-border estate administration. This position aligns with established Spanish administrative jurisprudence from 2016, 2018, 2019, 2020, and 2024, creating a consistent approach that practitioners can rely upon.
The decision recognises that English succession law does not mandate universal heirship models and that probate procedures are not universally required even under English domestic law. This nuanced understanding of comparative succession systems provides a foundation for more efficient cross-border administration.
Practical Implications for Estate Administration
Streamlined Registration Processes
The resolution establishes that Spanish notaries’ certifications under Article 36 of the Spanish Mortgage Regulation are sufficient to validate inheritance under English law. Where a notary confirms that English law applies and that the inheritance complies with that law, no additional foreign documentation is required.
This development significantly reduces the administrative burden on beneficiaries and executors, eliminating lengthy procedures for obtaining, translating, and legalising UK probate documents. For estates with Spanish property or bank accounts, this can reduce settlement timeframes by several months.
Cost Implications
The elimination of probate requirements offers substantial cost savings for cross-border estates. Beneficiaries no longer face the expense of UK probate procedures solely to inherit Spanish assets, nor the associated costs of professional translations, apostille certifications, and duplicate legal representation in both jurisdictions.
STEP practitioners should factor these savings into estate planning discussions, particularly for clients with modest Spanish holdings where probate costs might represent a disproportionate expense.
Strategic Planning Considerations
Pre-2015 Wills and Implied Choice
The resolution provides particular clarity for clients who executed Spanish wills before the EU Succession Regulation came into force in 2015. Many such wills can now be interpreted as implied choices of English law, enabling unified succession without the complications of dual legal regimes.
Practitioners reviewing existing estate plans should assess whether pre-2015 Spanish wills might benefit from this implied choice doctrine, potentially eliminating the need for will amendments or probate procedures previously thought necessary.
Future Will Drafting
While the resolution confirms that implied choice of law can be effective, STEP practitioners should continue recommending explicit choice of law clauses in new wills to avoid potential disputes or registration delays. The decision provides helpful guidance on factors that support implied choice interpretations, informing drafting strategies for complex cross-border estates.
Registration and Administrative Procedures
Notarial Certification Requirements
The resolution clarifies the role of Spanish notaries in validating foreign law inheritance. Practitioners should ensure that Spanish notaries understand their certification obligations under Article 36 of the Spanish Mortgage Regulation and are prepared to confirm both the applicable law and compliance requirements.
This may require coordination between UK solicitors and Spanish notaries to ensure proper documentation of English law requirements and inheritance validity.
Land Registry Interface
The decision provides clear direction to Spanish Land Registry offices, establishing that properly certified inheritances under English law must be registered without additional foreign documentation. This should reduce registration disputes and provide more predictable timelines for asset transfer completion.
Broader Impact on Cross-Border Practice
EU-Wide Implications
While this resolution specifically addresses Spanish procedures, its interpretation of EU Succession Regulation principles may influence practice in other EU Member States. The emphasis on unity of succession and simplified cross-border procedures reflects broader European policy objectives that extend beyond Spain.
STEP practitioners working across multiple EU jurisdictions should monitor whether similar approaches develop in other Member States, potentially creating more consistent cross-border practice standards.
Professional Development Needs
The resolution highlights the importance of practitioners understanding both domestic and EU succession law frameworks. Cross-border estate practice increasingly requires familiarity with comparative legal systems and the interface between national laws and EU regulations.
Recommendations for STEP Practitioners
Immediate Actions
Practitioners should review existing client files involving Spanish assets to identify estates that might benefit from this clarification. Cases currently proceeding on the assumption that UK probate is required for Spanish inheritance should be reassessed in light of the new guidance.
Client Communication
The resolution provides an opportunity to update clients about simplified Spanish inheritance procedures and potential cost savings. This is particularly relevant for clients with existing Spanish property holdings or those considering Spanish real estate acquisitions.
Precedent Documentation
Practitioners should develop template documentation and procedures reflecting the resolution’s requirements, ensuring efficient implementation of the streamlined inheritance process. This includes coordination protocols with Spanish notaries and updated client information materials.
Conclusion: A New Framework for Cross-Border Succession
The Spanish Directorate-General’s resolution represents a significant advancement in cross-border succession practice, providing clarity and efficiency for UK-Spain estate matters. By confirming that English law can apply through implied choice provisions and eliminating unnecessary probate requirements, the decision creates a more accessible framework for international estate administration.
For STEP practitioners, this development offers both immediate practical benefits and longer-term strategic opportunities. The streamlined procedures reduce costs and complexity for clients while providing clearer guidance for professional practice. As cross-border estates become increasingly common, such clarity in international succession law becomes ever more valuable.
The resolution demonstrates the continuing evolution of EU succession law and its practical application in Member State procedures. STEP practitioners should stay informed about similar developments across Europe, as consistent approaches to cross-border estate administration continue to emerge from both legislative and administrative sources.
This landmark decision ultimately serves the EU Succession Regulation’s fundamental purpose: creating a more unified and efficient system for cross-border inheritance that respects testator choice while reducing administrative barriers for beneficiaries. For the UK-Spain corridor, it represents a significant step toward the seamless estate administration that modern international families require.
