Unmarried partners and stepchildren under Spanish inheritance law

Key rules

• No automatic rights: An unmarried partner or stepchild inherits nothing by default under national rules.
• Will: A will is needed to leave them anything, and it can only use the free part of the estate.
• Regions: Rights for registered couples depend on the region and its registration conditions.
• Tax: Partners and stepchildren are generally taxed as unrelated people, at the highest rates.

The short answer

If you are not married, your partner inherits nothing automatically, however long you have lived together. Your stepchildren are in the same position. A will is the fix, and it has limits.

What happens without a will

The estate goes to your descendants, then your ascendants (parents and grandparents), then your spouse, then other relatives, and finally the State. An unmarried partner is not on that list. Stepchildren are not either, unless you have adopted them.

Regional rules for registered couples

Some regions let couples register as a pareja de hecho and give them succession rights equal or close to a spouse's. These include Catalonia, Aragon, Navarre, the Basque Country, the Balearic Islands, Galicia and Valencia. The details differ a lot:

• Catalonia and Aragon give stable couples rights even without a will.
• Navarre and the Basque Country treat registered partners like spouses for most inheritance purposes.
• Part of the Valencian law was struck down by the Constitutional Court, so do not rely on it without advice.
• Registration is usually in the regional registry of couples, often after a minimum period of living together.
• In the rest of Spain, registration gives no inheritance rights at all.

Rules depend on where you live and where you registered. Check the current conditions with the regional registry or a local notary.

Fix the gap with a will

A will is the reliable way to leave something to a partner or stepchildren. It has one limit: it cannot cut into the legítima, the share the law reserves for your children and, if you have none, your parents. You can only give your partner or stepchildren the free part of the estate. If you have no children or parents, you have much more freedom.

Even in regions with partner rights, a will lets you state exactly what your partner gets. Make it with a notary in Spain.

Inheritance tax

Without a family tie, your partner is taxed as an unrelated person. In many regions that means high inheritance tax rates. Stepchildren are generally placed in the same group (Group IV), with the highest rates and the smallest reductions. Some regions treat registered partners or stepchildren better, so ask a notary or adviser what applies where you live.

What to do

1. Find out whether your region has a couples registry and what it requires.
2. Decide how much of your estate is free to leave, given any children or parents.
3. Make a will with a notary naming your partner or stepchildren.
4. If you want stepchildren to inherit like your own children, ask a notary about adoption.

The questions below cover common doubts.

Frequently asked questions

Can my partner inherit from me if we are registered as a pareja de hecho?

It depends on the region, because only some regions give registered partners inheritance rights. Catalonia, Aragon, Navarre, the Basque Country, the Balearic Islands, Galicia and Valencia have such laws, and Navarre and the Basque Country treat registered partners like spouses for most purposes.

Can I leave everything to my stepchildren in my will?

No, not if you have your own children or other forced heirs, because your will can only use the free part of the estate. Stepchildren have no automatic rights unless you adopt them. They are also usually taxed in the group with the highest rates, though some regions treat them better.

Will my unmarried partner pay more inheritance tax?

Yes, your partner is taxed as an unrelated person, which means high inheritance tax rates in many regions. A will does not change that. Ask a local notary or tax adviser how your region treats partners.