Buyer structures

What applies to a purchase through a trust?

Trusts are not recognised in Spanish law; foreign trusts must nonetheless be fully disclosed on property purchases in Spain. The agent has to identify the settlor, the trustee, the beneficiaries and the protector. Whether enhanced due diligence (EDD) is required follows from the risk assessment — not from the trust form as such.

Spain has not ratified the Hague Trusts Convention; trusts are therefore not recognised as legal entities in their own right. For the purchase process it follows that:

  • A purchase by a trust is possible: the trustee can appear as buyer; for the land registry entry, however, the titular real requirement calls for a natural or legal person with clear ownership.
  • Duty of disclosure: the agent must identify everyone involved in the trust — settlor, trustee, beneficiaries and protector.
  • UBO: those involved are determined by reference to the actual structure and the statutory beneficial-ownership rules.
  • EDD: not across the board, but on a risk basis.
  • Documentation: trust deed, sworn translation, apostille and a declaration from the trustee.
  • Reporting: only where there are indications and after an examen especial, not automatically.

Legal basis: Ley 10/2010, Art. 4.2 (UBO concept), Arts. 11–16 (EDD); Real Decreto 304/2014, Arts. 8–9; Código Civil (no recognition of trusts)

Practical tip: British and Anglo-American buyers occasionally use trusts for succession planning. Do not settle for the trust document — ask for a written declaration from the trustee covering all beneficiaries and their shares.

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AI-assisted tools were used in preparing these FAQs; the content was subsequently reviewed and approved by the Doxario editorial team. They reflect the general state of the law as at the review date shown and do not constitute individual legal or tax advice. To assess your own case — particularly where complex structures are involved (offshore companies, trusts, foundations, communities of heirs) or where the new EU rules leave room for doubt — we recommend consulting a lawyer specialising in Spanish anti-money-laundering law and, on tax questions, a tax adviser. Doxario is a deal management and compliance platform for estate agents in Spain, operated by Blue Pepper S.L.; we therefore have an economic interest in the solutions described in these FAQs. Doxario accepts no liability for decisions taken solely on the basis of these FAQs.

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