Intestacy in Spain
| Relatives who survive you | How your Spanish assets will then be distributed |
|---|---|
| Only your spouse (no children or parents alive) | Your complete Spanish estate goes to your spouse |
| Only your children survive you (no spouse alive) | Your complete Spanish estate goes to your children in equal shares |
| Your spouse and at least one of your children are alive | Usufructo / Life interest (only) in one third of the estate to your spouse, the rest to your children in equal shares and then the other third goes to your children in equal shares when your spouse dies. |
| No spouse alive, but there are children and/or grandchildren alive | Your whole Spanish estate goes to your children in equal shares. Your grandchildren only inherit in the case that their parent had died before you. |
| Your spouse, children and grandchildren are alive at your death | Usufructo / Life interest (only) in one third of your Spanish estate to your spouse, the rest to the children, in equal shares including the other third when your spouse dies. Your grandchildren only inherit in the case that their parent had died before you. |
| No spouse or children are alive but at least one of your parents is | Entire estate to the parent or parents in equal shares. |
| Your spouse and at lest one parent are alive but , no children are | A usufructo (life interest only) in half of your Spanish estate goes to your spouse, with the rest going to your parent or parents and the 50% life interest of your spouse going to your parent or parents (or their own beneficiaries if they have already died) when your spouse dies. |
You have no spouse or children or parents alive but do have at least one sibling still alive | Your complete Spanish estate goes to your sibling(s) equally |
| You have no spouse or children or parents alive but do have at least one sibling still alive and at least one nephew or niece still alive | Your whole Spanish estate is split equally between your siblings however if any of them have died before you then their children (i.e. your nephews and/or nieces) will inherit in their place. |
| You have no spouse or children or parents or siblings still alive but at least one nephew or niece are still alive | Your complete Spanish estate goes to your neices and/or nephews in equal shares. |
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