Not every estate with an international connection is governed by Spanish law. EU Regulation 650\/2012 allows a testator to choose the law of their nationality in their will; if no such choice is made, the law of the testator’s habitual residence at death applies, generally. All this variables affect the possibility of leaving your inheritance to your grandchildren.<\/em><\/p>\n\n\n\n 2.- The “mejora” third may go entirely to the grandchildren.<\/u><\/em><\/p>\n\n\n\n Under Spanish law, the strict-forced share (1\/3) is untouchable, and belongs to the children. However, the “mejora” third, reserved for children or descendants, may be awarded entirely to the grandchildren without this affecting their parents’ forced share.<\/em><\/p>\n\n\n\n 3.- Grandchildren who are minors.<\/u><\/em><\/p>\n\n\n\n If the grandchildren are minors, their inherited assets would, in principle, be administered by their own parents. To avoid this, a different administrator can be appointed in the will.<\/em><\/p>\n\n\n\n Dear Lawyer, I am about to make a will, and I might want to leave my inheritance to my grandchildren. Is this possible?. How can it be done?. Does it make any difference if they are still minors?<\/p>\n\n\n\n Dear reader, thank you for your query. To answer it, several matters must be considered. Your nationality. The law applicable to your succession. And how the Spanish legal system operates.<\/p>\n\n\n\n It is worth beginning by clarifying something important: not every estate made in Spain is necessarily governed by Spanish law. EU Regulation 650\/2012<\/a> allows a testator to choose, in their will, the law of their own nationality. If no such choice is made, the law of the testator’s habitual residence at death will generally apply. Consequently, even a French, German or British national could find that their Spanish estate is governed by Spanish law. Since each country has its own succession rules<\/a> \u2014 Spain, France, Germany and Belgium provide for forced heirship, whereas England grants greater freedom to make a will \u2014 this can have significant consequences.<\/p>\n\n\n\n If Spanish law applies to your succession (specifically the Spanish Civil Code<\/a>), your estate will be divided into three equal thirds.<\/p>\n\n\n\n .- Strict forced share: reserved, by law, for the children, in equal parts. The testator has no discretion here.<\/p>\n\n\n\n .- “Mejora” third: also reserved for children or descendants only.<\/p>\n\n\n\n .- Freely disposable third: subject to no restriction. It may be left to whomever the testator prefers.<\/p>\n\n\n\n All of this without prejudice to the rights a surviving spouse would hold over the estate, by way of usufruct<\/a>.<\/p>\n\n\n\n Not entirely. One third of the estate is reserved, by law, for the children. Save in very specific cases (disinheritance, unworthiness to inherit), the strict-forced share cannot be touched. Full freedom exists over the freely disposable third<\/a>, which may go to whomever the testator wishes. What of the “mejora” third? Article 823 of the Spanish Civil Code allows this to be awarded “in favour of one or more of the testator’s children or descendants”. What does this actually mean?<\/p>\n\n\n\n The answer is clear: yes. It is possible to award the “mejora” third to the grandchildren without affecting the children’s strict-forced share. The Spanish Supreme Court has confirmed this on several occasions. So, should you wish, there is no obstacle to leaving two thirds of your estate \u2014 the “mejora” third and the freely disposable third \u2014 to your grandchildren.<\/p>\n\n\n\n A frequent practical point. If the grandchildren are minors<\/a>, their inherited assets would, in principle, be administered by their own parents \u2014 precisely the children one wished not to benefit through that third. To avoid this, a different administrator can be appointed in the will.<\/p>\n\n\n\n Would you like to leave the greater part of your estate to your grandchildren? This is possible. To avoid future challenges, and to ensure the correct law applies to your case, the will must be drafted with precision. At White-Baos Lawyers, we specialise in succession law and estate planning. Do not hesitate to contact us<\/a>.<\/p>\n\n\n\n The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.<\/p>\n\n\n\n Carlos Baos (Lawyer)<\/p>\n\n\n\n White & Baos.<\/p>\n\n\n\n Tel: +34 966 426 185<\/p>\n\n\n\n E-mail: info@white-baos.com<\/a><\/p>\n\n\n\n White & Baos 2026 \u2013 All Rights Reserved.<\/p>\n\n\n\n <\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" SUMMARY OF THE ARTICLE 1.- The law applicable to the succession. Not every estate with an international connection is governed by Spanish law. EU Regulation 650\/2012 allows a testator to choose the law of their nationality in their will; if no such choice is made, the law of the testator’s habitual residence at death applies, […]<\/p>\n
1.- The law applicable to the succession.<\/u><\/em><\/p>\n\n\n\n
\n\n\n\nQuery:<\/u><\/strong><\/h2>\n\n\n\n
Reply.<\/u><\/strong><\/h2>\n\n\n\n
The Spanish Civil Code. Three equal thirds.<\/u><\/strong><\/h2>\n\n\n\n
Can I leave my inheritance to my grandchildren?.<\/u><\/strong><\/h2>\n\n\n\n
Can I skip my children, and leave the “mejora” third to my grandchildren?.<\/u><\/strong><\/h2>\n\n\n\n
What if my grandchildren are still minors?.<\/u><\/strong><\/h2>\n\n\n\n
Conclusion.<\/u><\/strong><\/h2>\n\n\n\n
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