Galician succession pact for foreigners: what changes in 2026

Key data

Foreigners residing in Galicia have access to one of the most flexible succession planning instruments in the Spanish legal system: the Galician improvement pact. This has been confirmed by the General Directorate of Legal Security and Public Faith (DGSJFP) in its resolution of January 26, 2026, published on May 23, 2026, by revoking the refusal of the Property Registry of A Coruña No. 4 to register a succession pact granted by persons of German nationality.

The criterion is clear: habitual residence in Galicia, and not Spanish nationality, is the determining factor for accessing Galician common law in succession matters. This criterion is directly supported by the Regulation (EU) No. 650/2012, which regulates cross-border successions in Europe.

What does this regulation establish?

The resolution resolves an appeal filed against the Property Registrar of A Coruña No. 4, which had denied the registration of an improvement succession pact granted by persons of German nationality. The reason for the denial was doubt about whether Galician law could be applied to foreign citizens.

The DGSJFP clarifies two fundamental points:

• Galician civil status can be applied to residents in Galicia regardless of their nationality. It is not necessary to be Spanish or have Spanish civil status to benefit from Galician common law in succession matters.
• Regulation (EU) No. 650/2012 allows choosing the law of habitual residence. A German citizen who habitually resides in Galicia can choose to have their succession governed by Galician law, including the use of instruments such as the improvement pact.

The succession pact of improvement is a figure of Galician common law that allows the transfer of assets during life to heirs in a negotiated manner and with immediate legal effects, anticipating part of the inheritance in an orderly manner and with full registration security.

Economic and operational impact

This resolution has direct practical consequences for the estate planning of foreigners with real estate in Galicia:

• Access to a tool for asset transfer during life. The improvement pact allows the transfer of real estate or other assets to heirs without waiting for death, with full legal security and access to the Property Registry.
• Reduction of cross-border succession conflicts. By establishing in advance the applicable law and the succession instrument, disputes between different legal systems (Spanish, German, or others) are avoided.
• Confirmed registration security. The resolution eliminates the uncertainty generated by the refusal of the A Coruña Registry, establishing a clear criterion for notaries and registrars throughout Galicia.
• Relevance for communities with common law. Although the resolution refers to Galicia, the DGSJFP notes that it has great practical relevance for foreigners residing in any community with its own common law who wish to plan their inheritance using common law instruments.

Who does it affect?

• German citizens residing in Galicia with real estate or assets in the community.
• Foreigners of any EU nationality residing in Galicia who wish to plan their succession using Galician common law.
• Notaries and legal advisors who process succession pacts or inheritance planning for foreign clients in Galicia.
• Property registrars in Galicia, who now have a clear criterion from the DGSJFP on the registration of these pacts.
• Families with real estate assets in Galicia and residence in another EU country who are planning their inheritance.
• Tax and estate advisors who manage portfolios of foreign clients with assets in Spanish common law communities.

Practical example

A married couple of German nationality habitually resides in A Coruña and owns several properties in Galicia. They want to transfer one of those properties during life to their son through a Galician improvement pact, thus anticipating part of the inheritance in an orderly manner.

Before this resolution, the Property Registry of A Coruña No. 4 denied the registration of a similar pact, questioning whether Galician law was applicable to German citizens. Following the DGSJFP resolution of January 26, 2026, that same pact must be registered: habitual residence in Galicia is sufficient to benefit from Galician common law, and Regulation (EU) No. 650/2012 supports the choice of that law to govern the succession.

The practical result: the German couple can formalize the improvement pact before a notary, register it in the Property Registry, and transfer the property to their son with full legal security, without having to wait for death or resort to German succession law.

What should companies do now?

1. If you have foreign clients with assets in Galicia, review whether they have active succession planning. This resolution opens a path that was previously blocked registrally.
2. Inform German or other EU clients residing in Galicia that they can grant a Galician improvement pact before a notary and that it now has access to the Property Registry without obstacles.
3. Consult with a notary specialized in Galician common law to assess whether the improvement pact is the most appropriate instrument according to the client's assets and family structure.
4. Verify habitual residence of the grantor in Galicia, as it is the determining criterion for applying Galician common law according to Regulation (EU) No. 650/2012.
5. Consider express choice of applicable law in the succession pact itself, to strengthen legal security against possible discrepancies with the legal system of the grantor's country of nationality.