To determine which law governs the succession of a British citizen with real estate in Spain, it is essential to consider EU Succession Regulation 650/2012 (ESR), which governs cross‑border inheritances. This regulation modifies the previous rule (which referred to the national law of the deceased) and establishes as a general principle—unless the testator expressly chooses another law—that the succession is governed by the law of the deceased’s habitual residence.
However, this rule applies only from 17 August 2015, so it is necessary to distinguish between successions before and after that date, and to assess whether the deceased owned immovable property in Spain.

Successions Before 17 August 2015

If the death occurred before the ESR entered into force, the Spanish conflict‑of‑law rule applies:

• Spanish law (lex fori) points to the personal law of the deceased (Art. 9.8 Spanish Civil Code).

However, English private international law applies a fragmented approach:

• Movable property → governed by the law of the deceased’s domicile (England)
• Immovable property → governed by the law of the location of the property (lex situs)

Therefore, if the British deceased owned real estate in Spain, English law refers the matter back (renvoi) to Spanish law. This creates difficulties where the will appoints the spouse as sole heir under English law, because the Spanish Civil Code imposes mandatory forced shares (legítimas) for descendants and other restrictions such as reservas (Arts. 808 and 968 CC).

This principle was confirmed by Spanish Supreme Court Judgment No. 18/2019, of 15 January 2019, which applied Arts. 12.2 and 98 CC to uphold the right of a forced heir to challenge the will and reduce the portion infringing the legítima.
The ruling establishes that Spanish law must govern the succession when there is a stronger connection with Spain than with the nationality of the deceased—especially when the deceased lived and died in Spain, where the assets and heirs were also located.

Successions From 17 August 2015 Onwards

With the entry into force of the EU Succession Regulation:

1. If the British testator expressly chooses English law (professio iuris):

• English law applies exclusively.
• The English rule referring immovable property to Spanish law (renvoi) is not accepted.
• The entire succession is governed by English law, even if all assets are located in Spain.

2. If the British citizen resident in Spain does not choose a law:

• Spanish law applies automatically, as it corresponds to the habitual residence of the deceased.
• The succession must therefore respect:
  • Forced heirship (legítima)
  • Spanish intestacy rules
  • Any applicable reservas under the Civil Code

It is important to note that although the United Kingdom did not ratify the ESR, EU Member States must apply it to UK nationals with habitual residence in their territories.

Conclusion

Under the EU Succession Regulation, a British citizen’s cross‑border succession involving Spanish property can follow two paths:

1. Spanish law applies

If the deceased was habitually resident in Spain and did not choose a different law, Spanish law governs the succession—including forced heirship.

2. English law applies

If the deceased expressly chose English law (professio iuris), English law governs the entire succession, without renvoi, even if all the estate is in Spain.