Key Takeaways
- A UK will does NOT automatically cover Spanish assets. While technically possible, enforcing a UK will in Spain is slow, expensive (requires apostille, sworn translation, probate), and risks Spanish forced heirship overriding your wishes.
- A separate Spanish will for Spanish assets is strongly recommended. Cost: €50–€150 at a notary. It makes probate dramatically faster for your heirs.
- Coordinate both wills carefully. Your Spanish will should only cover Spanish assets; your UK will should explicitly exclude them. Contradictions between the two create expensive legal disputes.
🌊 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
- Standard UK will language — ‘I hereby revoke all former wills’ — legally destroys a registered Spanish will unless the clause is limited to UK assets
- The fix: limit each will’s revocation clause to its own jurisdiction; the Spanish will should also state it covers Spanish assets only
- Without the Article 22 EU Regulation 650/2012 choice-of-law election, Spanish forced heirship applies even with a valid Spanish will in place
- For most British expats with Spanish property: EUR 300–600 to make a Spanish will now versus EUR 840–2,340+ extra for heirs later, plus delays
- Action steps: query the Madrid registry for EUR 3.70 to confirm whether a valid Spanish will exists, then coordinate the revocation clauses with both sets of professionals
🌊 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.
The Fix
The revocation trap is entirely preventable.
Tell your UK solicitor you have a Spanish will. This should happen before they draft or redraft any UK will. A solicitor who knows a Spanish will exists will adjust the revocation clause to limit its scope.
The clause should read something like: “I revoke all former wills and testamentary dispositions made in the United Kingdom relating to assets situated in the United Kingdom.”
This language revokes previous UK wills without touching your Spanish will.
Similarly, your Spanish will should contain a parallel limitation: “This will covers only assets situated in Spain and does not revoke any will I have made or may make in another jurisdiction.”
This coordination between the two wills is the key task. Many expats who have both documents fail at this step because they are managed by different solicitors who have never communicated with each other.
What a Spanish Will Needs to Actually Work
A Spanish will covering your assets in Spain should include:
A choice-of-law clause. Under EU Succession Regulation 650/2012, the default is that Spanish law governs your succession if you’re habitually resident in Spain at the time of death. Spanish law includes forced heirship: two-thirds of your estate is reserved for your children. If you want UK testamentary freedom to apply to your Spanish assets, you must elect UK law explicitly.
The clause: “In accordance with Article 22 of Regulation (EU) No. 650/2012, I declare that I choose the law of England and Wales to govern the succession of my entire estate.”
Without this clause, a Spanish will exists but Spanish forced heirship applies anyway. The will determines who gets the freely disposable third, but it does not override the reserved portions for children.
Scope limitation. The will should cover only Spanish-situated assets. This prevents accidental overlap with the UK will.
Beneficiary details. Full legal names, nationalities, and passport or NIE numbers for each named beneficiary.
Who Doesn’t Need to Worry
If you have no property and no significant assets in Spain, a UK will is sufficient for your current situation. If you later acquire Spanish property, make a Spanish will at that point.
If your Spanish assets are small (a bank account below EUR 50,000, a vehicle), the cost-benefit of a Spanish will is less clear-cut. The additional administrative steps for your heirs still apply, but the stakes are lower.
For most British expats on the Costa del Sol who own property, the calculation is straightforward: EUR 300-600 now, or EUR 840-2,340+ for your heirs later, with delays and uncertainty on top.
What to Do Next
-
Check whether you have a Spanish will registered in Madrid. If you don’t know, your Spanish lawyer or notary can query the Registro General de Actos de Ultima Voluntad for EUR 3.70.
-
If you have both a UK will and a Spanish will, check whether the UK will contains a blanket revocation clause. If it does, ask your UK solicitor to limit it.
-
If you have only a UK will, contact a Spanish notary or abogado on the Costa del Sol to make a testamento abierto. Bring your NIE, passport, property details, and beneficiary information.
-
If you make a new Spanish will, notify your UK solicitor so they can verify no conflict exists.
Costs confirmed February 2026. UK probate timelines vary; current estimates from HM Courts & Tribunals Service. EU Regulation 650/2012 applicability to British nationals confirmed as of February 2026.
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.
