Spain: New inheritance planning guide and tax clarifications for seniors

Fundación Mapfre has released a new guide focused on patrimonial succession to help individuals organize the transfer of assets and minimize family conflicts. The publication comes at a time when property transfers via inheritance in Spain reached a historic high of over 208,000 operations in 2025, according to the National Statistics Institute (INE). Data from the Ageingnomics Research Center indicates that 85% of Spaniards over the age of 55 own their homes, making proactive planning essential for protecting family wealth.

In related tax developments, the General Directorate of Taxes (Dirección General de Tributos) has clarified that individuals over the age of 65 can donate up to 50% of their primary residence to a spouse without incurring Personal Income Tax (IRPF) on the capital gains. This ruling confirms that the tax exemption provided under Article 33 of Law 35/2006 applies to partial transfers of the primary residence, provided the property has been the taxpayer's continuous residence for at least three years.