Key Takeaways
- One will does not cover both countries. A UK will covering Spanish assets requires apostille legalisation and sworn translation before it can be executed in Spain — adding months and significant cost to the probate process.
- Spanish forced heirship (legítima) reserves up to two-thirds of the estate for children. Under default Spanish law, you cannot freely disinherit your children — but UK nationals can elect for English law to apply under Brussels IV and distribute assets freely.
- Spanish notarised wills skip formal probate. A will signed before a Spanish notary is a public document; heirs can act on it directly, without the Grant of Probate process required in the UK.
- Spanish inheritance tax is paid by beneficiaries, not the estate. This is the opposite of UK IHT — each heir files separately and pays based on their share and their relationship to the deceased.
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Spanish Will vs. UK Will: What’s the Difference for Expats?
Understanding the distinction between a Spanish will and a UK will is crucial for any UK national owning property in Spain. While you may have a comprehensive will in the UK, relying on it to manage your Spanish assets can create significant complications. This guide explores the key differences to help you make an informed decision.
Jurisdiction: What Assets Are Covered?
The most fundamental difference lies in jurisdiction. A Spanish will is specifically designed to deal with your assets located in Spain. This makes the process of asset distribution simple and efficient within the Spanish legal system. A UK will, on the other hand, is typically designed to cover your worldwide assets. While it *can* cover Spanish assets, it requires a lengthy and expensive process of legalisation (the Hague Apostille) and official translation before it can be executed in Spain.
Recommendation: Have two separate wills—one in Spain for your Spanish assets and one in the UK for your UK assets.
The Concept of “Forced Heirship”
Spanish succession law includes the concept of “forced heirship” (legítima), which dictates that a significant portion of your estate must be left to compulsory heirs, such as your children. This is a major departure from the UK’s principle of “testamentary freedom,” where you can leave your assets to whomever you wish.
However, thanks to the EU Succession Regulation (Brussels IV), UK nationals can include a clause in their Spanish will to elect for the law of their nationality (i.e., UK law) to apply. This allows you to bypass Spanish forced heirship and distribute your assets according to your wishes.
The Probate Process
The probate process is vastly different between the two countries. For a detailed walkthrough, read our step-by-step guide to probate in Spain.
- In Spain, a will signed before a Notary is considered a public document and is automatically valid. The probate process is therefore much faster and more of an administrative task.
- In the UK, a will must go through a formal court process to obtain a Grant of Probate, which can take several months. This entire process must be completed before the will can even begin to be used in Spain.
Inheritance Tax Implications
The way inheritance tax is handled also differs. For more details, see our guide to Spanish inheritance tax for UK expats.
- In Spain, inheritance tax (Impuesto de Sucesiones y Donaciones) is paid by the beneficiaries. The rates and allowances vary significantly between different autonomous regions.
- In the UK, Inheritance Tax (IHT) is paid by the estate itself before any assets are distributed to the beneficiaries.
For a clear overview, see our main Guide to Spanish Wills.
📺 Prefer to watch? Here’s the full video guide:
Related Guides
- Spanish Wills: Complete Guide
- Probate in Spain
- Inheritance Tax in Spain
- How to Find a Good Gestor
- Inheritance Tax for UK Expats
Frequently Asked Questions
Does a Spanish will override my UK will?
No. A properly drafted Spanish will covers only your Spanish assets. Your UK will covers your UK assets. The two operate in parallel. Include a clause in each will stating it does not revoke the other.
Do I need a lawyer for a Spanish will?
Strictly speaking, no. You can go directly to a notary. But if you have complex cross-border assets, property in multiple regions, or need to navigate forced heirship rules, a bilingual lawyer is worth the EUR 200-500 extra.
What happens if my Spanish and UK wills conflict?
Spanish authorities will apply the most recently dated will to your Spanish assets. If your UK will contains a general revocation clause, it could inadvertently revoke your Spanish will. Always use specific territorial limitation clauses in both wills.
Can I write my Spanish will in English?
The notary will prepare the will in Spanish. If you do not speak Spanish, a sworn translator (traductor jurado) must be present at the signing. The official document is the Spanish version. You will receive a translated copy for your records.
How often should I update my Spanish will?
Review after any major life change: marriage, divorce, birth of children, property purchase or sale, change of residency status, or changes in UK/Spanish law. As a minimum, review every 3-5 years.
If you need the broader overview first, start with Spanish Wills for Expats. If you are ready to act, also read How to Find a Notary in Spain for a Will.
