Jacob Salama Tax Lawyer
Jacob SalamaInternational Tax Lawyer · Spain
Israeli Heirs · Spanish Succession Law

Inheritance Tax in Spain for Israeli Heirs and Israeli-Owned Estates

Brussels IV elections, Spanish forced heirship rules, Andalusia exemptions, and the practical process for non-resident Israeli heirs inheriting Spanish assets.

📅 May 2026 ✍️ Jacob Salama 🕐 9 min read

Important notice: This article is for general information only and does not constitute legal or tax advice. Every tax situation is unique — contact Jacob Salama for personalised advice.

The Challenge: Two Legal Systems, One Estate

When an Israeli national owns property in Spain — whether as a holiday home, investment property or primary residence — their estate sits at the intersection of two distinct legal systems. Spanish succession law applies to Spanish-situated assets by default, bringing with it both the legítima (forced heirship) rules and the Impuesto sobre Sucesiones y Donaciones (ISD). The good news is that careful planning — particularly using the EU Succession Regulation — can significantly mitigate both the legal constraints and the tax burden.

The EU Succession Regulation (Brussels IV) and the Israeli National

EU Regulation 650/2012, commonly referred to as Brussels IV, came into force on 17 August 2015. It establishes a single set of conflict-of-laws rules for succession in EU member states. Its most important feature for non-EU nationals is the nationality election: a person may elect in their will that the law of their nationality — rather than the law of their habitual residence — governs their entire succession.

For an Israeli national owning property in Spain, this means:

Critical limitation: The Brussels IV election governs succession law — who inherits and in what proportions. It does not affect tax law. Spanish ISD will still apply to Spanish-situated assets regardless of which succession law is elected. The election eliminates the forced heirship constraint; it does not eliminate the tax.

Spanish Forced Heirship: The Legítima

Under the Spanish Código Civil, the legítima (forced portion) divides the estate into three equal thirds:

If there are no descendants, ascending relatives (parents, grandparents) have a forced portion of one-half of the estate. A surviving spouse also has usufruct rights over a portion of the estate, varying depending on whether children survive.

By electing Israeli law under Brussels IV, an Israeli testator can side-step the legítima entirely and distribute their Spanish property as Israeli law permits. Israeli succession law does not impose mandatory forced heirship proportions in the same way, giving the testator substantially more freedom.

Spanish Inheritance Tax (ISD): Rates and Regional Variations

ISD is regulated at the national level by Ley 29/1987 but administered and collected by the autonomous communities, which may apply their own reductions and bonifications. The national progressive scale ranges from 7.65% (on the first €7,993) to 34% (above €797,555), before applying a multiplier based on the heir's kinship group and pre-existing wealth. The effective rates can substantially exceed 34% for distant relatives or large inheritances.

Kinship Groups

GroupWhoNational Reduction
Group IChildren under 21€15,957 + €3,991 per year under 21
Group IIChildren 21+, spouses, parents€15,957
Group IIISiblings, aunts/uncles, nieces/nephews€7,993
Group IVAll others (cousins, friends, unrelated)None

Andalusia: The Most Favourable Region for Israeli Property Owners

Andalusia — which encompasses the Costa del Sol, Marbella, Málaga, Granada and Seville — introduced a 99% bonificación on ISD for Group I and Group II heirs in 2022. This effectively reduces the inheritance tax to near zero for children, spouses and parents inheriting from an Andalusian-domiciled estate. This is a transformative planning consideration: Israeli buyers who own property in Andalusia benefit from a substantially more favourable inheritance tax environment than those who purchase in Catalonia, Valencia or the Balearic Islands.

Madrid applies a similar 99% reduction for Groups I and II. The Balearic Islands and Catalonia have less generous regimes, though they still offer meaningful reductions for direct descendants.

Non-Resident Heirs: The TJUE Ruling of 2014

Before 2014, non-resident heirs were required to apply the national ISD scale — without access to the more favourable regional bonifications. The Court of Justice of the EU (TJUE) ruled in Case C-127/12 that this discrimination was incompatible with EU law. Spain subsequently amended its rules to allow non-resident heirs (including those from non-EU countries, following further legal developments) to apply the regional bonifications. Today, a non-resident Israeli heir inheriting Spanish property can access the Andalusia 99% reduction on the same basis as a Spanish resident heir.

The Practical Process for Israeli Heirs

When a Spanish property owner dies — whether they were a Spanish resident or a non-resident — the heirs must follow a defined procedural sequence:

  1. Obtain death certificate and apostille: The Israeli death certificate must be apostilled (Hague Convention) and officially translated into Spanish by a sworn translator.
  2. NIE numbers for heirs: Each heir who does not already hold a NIE must obtain one before the estate can be formally accepted.
  3. Locate the Spanish will: If a Spanish will exists, it will be registered in the Registro Central de Últimas Voluntades. An Israeli will may also be recognised if it satisfies formal validity requirements under private international law.
  4. Notarial deed of acceptance: The heirs (or their representatives under power of attorney) appear before a Spanish notary to execute the escritura de aceptación de herencia.
  5. File Modelo 650 and pay ISD: The ISD return must be filed within six months of the date of death. A six-month extension can be applied for within the first five months. The property cannot be registered in the heirs' names until the tax has been paid or a deferral granted.

For Israeli families where the heirs are also in Israel or the diaspora, coordinating these steps requires careful planning. A Spanish lawyer with powers of attorney can manage the entire process in Spain while the heirs remain abroad. See our guide on making a will in Spain as an Israeli citizen for pre-mortem planning steps.

Israeli Estate Planning for Spanish Assets

Jacob Salama advises Israeli families on inheritance planning for Spanish-situated assets — from Brussels IV elections and dual-will strategies to ISD compliance for non-resident heirs.

Book Your Free Consultation →

Frequently Asked Questions

Yes. Under EU Succession Regulation 650/2012 (Brussels IV), a person may elect the law of their nationality to govern their entire estate. An Israeli national can therefore elect Israeli law in their Spanish will or testament, which avoids the Spanish forced heirship rules (legítima) that would otherwise apply to Spanish-situated assets. However, the election only affects succession law — it does not affect the Spanish inheritance tax (ISD) liability, which is determined by the Spanish tax rules regardless of which succession law applies.
Under Spanish succession law (Código Civil), two-thirds of the estate is ring-fenced for the forced heirs (descendants, or in their absence, ascendants). One-third (the tercio de legítima estricta) must pass equally to all children; another third (the tercio de mejora) can be allocated to any descendant; only the final third (the tercio de libre disposición) is freely disposable. By electing Israeli law under Brussels IV, an Israeli testator can override these rules — but only if the election is properly documented in a will drawn up before a Spanish notary or in an Israeli will that satisfies formal validity requirements.
Spanish inheritance tax (ISD) is calculated on a progressive scale from 7.65% to 34% at the national level. Most autonomous communities apply their own rates and reductions. Andalusia introduced a 99% bonificación for Group I and II heirs (spouses, children, parents) in 2022, effectively eliminating ISD for close family. Madrid applies a similar 99% reduction. Non-resident heirs inheriting Spanish-situated assets now access the most favourable regional regime — meaning the Andalusia or Madrid 99% reduction is available even to Israeli heirs resident abroad.
Non-resident heirs must file the ISD return on Modelo 650 within six months of the deceased's death (extendable by a further six months on request). The heirs must obtain NIE numbers, apostille any Israeli documents (death certificate, Israeli will if applicable), have them officially translated, and present them before the Spanish notary who will draw up the deed of acceptance of inheritance (escritura de aceptación de herencia). The property can only be registered in the heirs' names once the ISD has been paid or guaranteed.
There is no bilateral inheritance tax treaty between Israel and Spain. Each country applies its own domestic rules. Israel abolished inheritance tax in 1981, so there is currently no Israeli inheritance tax charge. Spanish ISD will therefore be the primary charge on Spanish-situated assets. However, Israeli residents inheriting assets may have Israeli income tax implications on subsequent disposals, and professional advice should be taken on both sides of the border.
Ask a question