British Inheritances in Spain: the 'letter of administration' can now be registered

Key data

If a British relative has passed away and left an apartment or house in Spain, you have probably already hit a wall: the Property Register asks you for documents that do not exist in English law. The General Directorate of Legal Security and Public Faith (DGSJFP) has resolved this conflict clearly in its resolution of 25 May 2026, published on 9 October 2026 with reference BOE-A-2026-21069.

The specific case: the Property Register of Tías (Lanzarote) refused to register an intestate inheritance of a British deceased because it required a declaration of heirs. That document does not exist in the English legal system. The DGSJFP upheld the appeal and made clear that this requirement was incorrect.

What does this regulation establish?

The resolution clarifies three fundamental points that every notary, registrar and heir must know:

• The European Succession Regulation 650/2012 does not apply to the United Kingdom. After Brexit, the United Kingdom was excluded from this regulation. Therefore, the succession of a British citizen with assets in Spain is governed by the rules of Spanish private international law, not by the European regime.
• The Anglo-Saxon system works differently from the Spanish one. In English law, when someone dies without a will, a court appoints a personal representative through a letter of administration. This representative has the legal power to identify the legal beneficiaries and distribute the assets among them. There is no "declaration of heirs" equivalent to the Spanish one.
• The 'letter of administration' is sufficient title. Accompanied by a notarial deed in which the authorizing notary certifies the content and scope of English law, this document is valid title for registering the transfer of a property in the Spanish Property Register.

Economic and operational impact

This resolution has a direct and very concrete impact for the affected families:

• Unblocking of stalled inheritances. Many registrations of properties inherited from British citizens were blocked by the incorrect requirement for documentation that does not exist in English law. This resolution opens the way to reactivate them.
• Savings in time and legal costs. Heirs who had initiated alternative procedures or hired additional legal representation to obtain documents that do not exist can now redirect the process with the correct documentation.
• Legal certainty for notaries and registrars. The resolution establishes a clear criterion: the notary can and must certify the content of foreign law in the deed. Registrars cannot reject registration due to the absence of documents specific to Spanish law if the legal system of the deceased does not contemplate them.
• Post-Brexit context. Since the United Kingdom's departure from the EU, the European Succession Regulation 650/2012 ceased to apply to British citizens. This has generated a zone of uncertainty that this resolution helps to clarify.

Who does it affect?

• Heirs of British citizens who have passed away with properties registered in Spain (homes, premises, plots).
• British citizens residing in Spain who want to plan their succession and understand what documentation their heirs will need.
• Notaries who authorize inheritance deeds with British deceased: they must include in the deed the certification of the content of English law.
• Property registrars who receive applications for registration of inheritances of British deceased: they cannot require a Spanish declaration of heirs.
• Lawyers and advisors specialized in international succession law who manage this type of cases.
• Real estate managers who work with British buyers or sellers in areas with a high presence of this community (Costa del Sol, Canary Islands, Costa Blanca, Balearic Islands).

Practical example

A British citizen dies intestate (without a will) and leaves an apartment in Lanzarote. His children, residing in the United Kingdom, obtain from the English court a letter of administration that appoints one of them as personal representative.

When they try to register the transfer of the property in the Property Register of Tías, the registrar requires them to provide a Spanish declaration of heirs. That document does not exist in English law and they cannot obtain it.

Following this resolution, the correct path is:

1. Go to a Spanish notary with the original letter of administration (duly apostilled).
2. The notary executes a deed in which he certifies the content of English law: what the letter of administration is, what powers it grants to the personal representative and how intestate succession operates in England.
3. With that notarial deed plus the letter of administration, the application for registration is submitted to the Property Register.
4. The registrar cannot reject the registration due to the absence of a Spanish declaration of heirs.

What should heirs do now?

1. Obtain the apostilled 'letter of administration'. If the deceased died without a will, the heirs must request the competent English court to issue this document and apostille it for use in Spain.
2. Contact a Spanish notary specialized in private international law. The notary must execute a deed that certifies the content of English law and the validity of the letter of administration as a succession title.
3. Review blocked cases. If a registration was previously denied due to lack of a Spanish declaration of heirs, this resolution opens the way to appeal or restart the procedure with the correct documentation.
4. Do not accept requirements for non-existent documents. If the Property Register continues to require documentation specific to Spanish law that does not exist in the English system, you can appeal based on this DGSJFP resolution.
5. Preventive succession planning. British citizens with properties in Spain should inform their heirs about this procedure and, if possible, execute a will in Spain to simplify the process.

Official source

View complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-21069