Owning a home on the Costa del Sol or a bank account in Milan is a privilege, but when it comes to cross-border successions, the line between opportunity and legal chaos is very thin.

Many citizens believe that a national will is enough to rest easy. The reality? Without proper planning, your heirs could find themselves trapped in a labyrinth of double taxation, conflicts of laws, and endless certified translations.

1. What you need to know today

Thanks to EU Regulation no. 650/2012, the law governing succession is usually that of the deceased’s “habitual residence”. However, there is the possibility of choosing the law of one’s own nationality (optio legis).

But take note: this choice is not always automatic, and the differences between the Italian and Spanish systems (including regional variations such as those in Catalonia or the Basque Country) can drastically change the forced heirship (statutory share) that belongs to family members.

The most common challenges in this sector are:

• Inheritance taxes: how to benefit from tax breaks in Spain without being taxed twice in Italy and vice versa.
• European Certificate of Succession: the indispensable tool to unlock bank accounts and foreign properties without months of waiting.
• Real Estate: managing the correct registration in the Spanish property registries (Registro de la Propiedad) and Italian ones (Registro Immobiliare).

2. Our advice: proper cross-border estate planning

The management of international assets should not be left to chance. Preventive consultancy is the essential tool to optimize the tax burden and ensure that your wishes are fully respected in both countries, avoiding unnecessary complications for your heirs.

Our team of legal and tax experts acts as a direct bridge between Italy and Spain. If you have interests in Italy and Spain or are facing an international succession, we place our expertise at your disposal to guarantee a smooth and secure transition.

Would you like us to analyze your specific case to understand the right steps to follow? Do not hesitate to write to us at: info@fiatlux.legal. Our experts will be happy to assist you!