Key Takeaways
- Married couples in Spain should each make their own will. Joint wills (testamento mancomunado) are only permitted in certain autonomous communities — not in Andalucía.
- Matrimonial property regime affects what you can leave. Under Spain’s default gananciales (community property) regime, each spouse owns 50% of jointly acquired assets.
- A mirror will approach works well for most couples. Each spouse makes a matching will leaving their share to the other, with the same fallback beneficiaries.
🌊 Get the WaypointSur Briefing
Free weekly intel for expats on the Costa del Sol. Deadlines, workarounds, and admin shortcuts only long-term residents know.
Key Takeaways
- Spain does not permit joint wills; each spouse makes a separate testamento abierto covering their own share of jointly held property
- Mirror wills with an Article 22 choice-of-law election are the standard approach for British couples — without the election, children get a mandatory two-thirds claim even when both partners want the survivor to inherit outright
- The revocation trap is amplified for couples: one partner updating their UK will without checking the other can accidentally destroy the paired Spanish will
- Blended families with children from previous relationships should use an experienced abogado, not a direct notary appointment — disputed child inheritance claims require expert drafting
- Ongoing coordination rule: whenever either will is updated for any reason, both sets of professionals must be informed to keep the documents working as a system
🌊 Get the WaypointSur Briefing
Free weekly intel for professionals on the Costa del Sol. Deadlines you’d miss, workarounds that save hours, and admin shortcuts only long-term residents know.
No spam. Unsubscribe anytime. Join 1,100+ expats and remote professionals.
Coordinating Two Mirror Wills: The Revocation Trap
Mirror wills create one specific risk: a future update to either will can accidentally destroy the other.
The mechanism: your Spanish will may contain language like “This will revokes any previous will I have made in Spain.” That is appropriate — you want your new will to replace your old Spanish will.
The danger is the UK side. If you later update your UK will with standard language — “I hereby revoke all former wills and testamentary dispositions” — this phrase has no UK-specific limitation. It legally revokes all wills, including your registered Spanish will.
The fix applies to both wills:
In each Spanish will: The revocation clause should specify “This will revokes any will I have previously made in Spain only. It does not revoke any will made in another jurisdiction.”
In each UK will: The revocation clause should specify “I revoke all former wills and testamentary dispositions made in the United Kingdom relating to assets situated in the United Kingdom.”
When making mirror wills, both spouses’ lawyers or notaries should review both documents simultaneously to confirm the scope limitations are consistent.
Two Appointments or One?
Spain requires two separate appointments — one for each spouse. However:
Option 1: Same day, same notary. Most couples schedule consecutive appointments at the same notary. The first appointment is 30-60 minutes; the second is often faster because the notary is already familiar with the family situation. This is the standard approach for mirror wills.
Option 2: Separate days. Some couples prefer to review the first will before the second appointment. This adds a week or two to the timeline but allows both spouses to verify the documents are coordinated before both sign.
If using a lawyer, they typically draft both wills simultaneously and present them together to the notary, making the same-day option straightforward.
Blended Families: The Additional Complexity
If either spouse has children from a previous relationship, mirror wills with a choice-of-law election become more important — but also more complex.
The risk: The deceased’s children from a first marriage have forced heirship rights under Spanish law unless the choice-of-law election is in place. Without the election, those children have a mandatory claim to two-thirds of the parent’s Spanish estate, which can conflict with the new spouse’s expected inheritance.
With the choice-of-law election: The will governs distribution. The children from the first marriage inherit what the will specifies, not what Spanish forced heirship mandates. This might be nothing, something, or an equal share — as the parent decides.
The challenge: This can be contested. A child who expected a forced heirship claim and receives less (or nothing) may challenge the will on the grounds that the choice-of-law election was improperly made or that there are other defects. The legal standard for a valid election is clear, but the emotional dynamics of blended family inheritance can be fraught.
For blended families, having the wills drafted by an experienced abogado rather than going directly to the notary is worth the extra cost.
Updating Both Wills When Circumstances Change
The coordination requirement is ongoing, not a one-time task. Both wills need review when:
- Either spouse buys or sells Spanish property
- Either spouse updates their UK will for any reason (children, executors, trust provisions)
- The family situation changes (birth of grandchildren, death of a named beneficiary)
- Either spouse’s relationship with their children changes significantly
The rule: whenever you update either will, notify the professionals handling the other will. A UK solicitor updating a UK will without knowing a Spanish will exists can destroy the Spanish one with a single phrase. A Spanish notary or lawyer updating a Spanish will without knowing a UK will exists may create a scope conflict.
Treating both wills as a coordinated system — rather than two independent documents managed separately — prevents most of the problems described on this page.
Spanish succession law confirmed February 2026. EU Regulation 650/2012 applicability confirmed February 2026. Specific legal advice for complex family situations should be obtained from a qualified abogado with cross-border succession experience.
Frequently Asked Questions
Where can I find more guides on this topic?
See our Complete Spanish Wills Guide for the full picture, or browse all guides at guides.waypointsur.com.
