Key Takeaways
- A Spanish will is essential for any property owner. Relying on a UK or US will means apostille legalisation, sworn translation, and months of delay before heirs can access Spanish assets.
- EU Succession Regulation (Brussels IV) lets non-EU nationals choose their home country’s law. UK and US expats can include a nationality clause to override Spanish forced heirship rules and leave assets to whoever they choose.
- The whole process costs roughly EUR 300–600. Solicitor drafting plus notary fees are regulated and predictable — far less than the cost of dying without a Spanish will.
- The notary registers your will centrally in Madrid at the Registro General de Actos de Última Voluntad, so heirs can locate it without searching every notary office in Spain.
- You need a NIE before you can sign. If you don’t have a Spanish tax ID number yet, get one before booking your notary appointment — it’s mandatory for the will to be valid.
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The Ultimate Guide to Spanish Wills for Expats
Securing your assets in Spain is about more than just finding the perfect property; it’s about ensuring your legacy is protected for the ones you love. A Spanish will provides that peace of mind.
This guide will walk you through everything you need to know, from why a Spanish will is crucial for property owners to the exact steps for creating one.
Do I Really Need a Spanish Will?
For any expat owning property or other significant assets in Spain, the answer is a resounding yes. Relying on your home country’s will can create a complicated, expensive, and stressful situation for your beneficiaries.
Scenario 1: You have a UK or other foreign will.
While a UK will can be recognised in Spain, it must go through a complex and costly legalisation (apostille) and translation process. This leads to significant delays and expenses in the probate process, leaving your heirs in limbo.
Scenario 2: You have no will at all.
Dying “intestate” in Spain means Spanish law decides who inherits your assets. This follows a strict order of succession that might not reflect your personal wishes, often leading to unintended consequences for your loved ones.
Scenario 3: You own Spanish property but are non-resident.
The rules apply to the location of the assets. If you own property in Spain, a Spanish will is the most efficient way to manage its inheritance, regardless of where you live.
The Process of Making a Spanish Will (Step-by-Step)
Creating a Spanish will is a straightforward process when you have the right guidance.
Step 1: Finding a Solicitor & Notary
Your first step is to engage a bilingual solicitor (abogado) who specialises in Spanish succession law. They will draft the will according to your wishes. The will is then signed before a public Notary (Notario), who verifies your identity and ensures you understand the document, giving it full legal force. For more details on this, see our guide on how to find a notary in Spain.
Step 2: Information Gathering
Your solicitor will need specific information to draft your will. Preparing these documents in advance will speed up the process.
| Document/Information | Purpose |
|---|---|
| Passport & NIE Number | For identification of the testator (you). |
| Property Details | Title deeds (Escritura) for any Spanish property. |
| Beneficiary Information | Full names, addresses, and passport/NIE numbers for all heirs. |
| List of Assets | Details of bank accounts, vehicles, and other valuable assets in Spain. |
Step 3: Drafting the Will
Your solicitor will discuss your wishes with you and draft the will. This is a critical stage where you decide who inherits your Spanish assets and in what shares.
Step 4: Signing Before the Notary
Once the draft is approved, you will sign the will in the Notary’s office. If you don’t speak Spanish, the will is often prepared in a dual-column format (Spanish and English) and a translator may be required to be present.
Step 5: Registration
The Notary sends a copy of the signed will to the central Registry of Last Wills and Testaments (Registro General de Actos de Última Voluntad) in Madrid. This ensures your will can be easily located by your beneficiaries after your passing.
Spanish Wills vs. UK Wills: A Clear Comparison
Understanding the key differences shows why a separate Spanish will is so important. For a deeper dive, read our detailed comparison: Spanish Will vs. UK Will: What’s the Difference for Expats?.
| Feature | Spanish Will | UK Will |
|---|---|---|
| Jurisdiction | Covers only assets located in Spain. | Typically covers worldwide assets, but can be complex to enforce in Spain. |
| Forced Heirship | Spanish law dictates a portion of the estate must go to specific heirs (e.g., children). However, expats can often bypass this. | Testamentary freedom allows you to leave assets to whomever you choose. |
| Probate Process | Simpler and faster. Executed directly through the Notary. | Requires a UK Grant of Probate, which must then be legalised and translated for use in Spain, causing long delays. |
| Tax Implications | Spanish Inheritance Tax is paid by the beneficiaries. For more on this, see our guide to Spanish inheritance tax for UK expats. | UK Inheritance Tax rules apply, but can create double-taxation issues without careful planning. |
The EU Succession Directive (Brussels IV): What It Means for You
This important piece of EU legislation gives you a powerful choice. Brussels IV allows you to officially choose the law of your country of nationality to apply to the succession of your Spanish assets.
By including a specific clause in your Spanish will, you can elect for UK law to apply, bypassing Spanish forced heirship rules and ensuring complete testamentary freedom. Your solicitor will ensure this clause is correctly included.
Costs Associated with Making a Spanish Will
The cost is a small price for the security it provides. Here’s a general breakdown:
- Solicitor Fees: This varies depending on the complexity, but typically ranges from €300 to €800.
- Notary Fees: These are set by law and are usually between €60 and €150.
- Registration Fees: A nominal fee for lodging the will at the central registry.
After a Loved One Passes Away
When a loved one passes away, their beneficiaries will need to go through the probate process to inherit the assets. Our step-by-step guide to probate in Spain explains what to expect.
Frequently Asked Questions (FAQ)
Can I make a Spanish will from the UK?
Yes, it’s possible by granting a Power of Attorney to your Spanish solicitor or by signing at a Spanish consulate in the UK.
Do my beneficiaries need to speak Spanish?
No. Your solicitor will guide them through the process, and legal documents can be translated.
What is “forced heirship” in Spain?
It’s a legal concept where a certain portion of an estate is reserved for specific family members (descendants, ascendants). As mentioned, non-Spanish nationals can usually opt out via Brussels IV.
How do I update my Spanish will?
You can update it at any time by simply making a new one. The latest registered will automatically revokes all previous versions.
What happens to my Spanish will after Brexit?
Brexit has not affected the validity of Spanish wills made by UK nationals. The application of Brussels IV to UK citizens has also been confirmed by the Spanish authorities.
Conclusion & Call to Action
A Spanish will is not a luxury; it’s an essential tool for any expat with assets in Spain. It simplifies the inheritance process, saves your loved ones time, money, and stress, and ensures your wishes are respected. It’s a small investment for massive peace of mind.
Secure Your Legacy in Spain. Contact Our Recommended Solicitors Today.
Related Guides
- Probate in Spain: Complete Guide
- Inheritance Tax in Spain
- Inheritance Tax in Andalucia
- Spanish Inheritance Tax for UK Expats
- Inheritance Tax on Spanish Property
- How to Find a Good Gestor
Frequently Asked Questions
Do I need a Spanish will if I already have a UK will?
Yes. Without a Spanish will, your heirs must obtain a UK Grant of Probate, have it apostilled, translated, and submitted in Spain. This adds 2-4 months and significant costs. A Spanish will covering your Spanish assets runs parallel to your UK will and makes the process faster.
How much does a Spanish will cost?
A Spanish testamento abierto costs EUR 300-600 going directly to a notary, or EUR 500-1,100 with a lawyer and sworn translator. Notary fees are regulated by a national scale. Each update requires a new will at the same cost.
What is forced heirship in Spain?
Spanish forced heirship (legitima) reserves two-thirds of your estate for your children. UK citizens can avoid this by including an Article 22 EU Regulation 650/2012 choice-of-law clause in their Spanish will, electing UK law instead.
How long does it take to make a Spanish will?
From first contact to signed will: 1-4 weeks. The notary appointment itself takes 30-60 minutes. After death, the inheritance process takes 3-6 months with a Spanish will, or 5-8+ months without one.
Can my UK solicitor make a Spanish will?
No. A Spanish will must be signed before a Spanish notary. Your UK solicitor can coordinate with a Spanish lawyer, but the will itself must be executed in Spain under Spanish notarial procedures.
Related wills guides
- Spanish Will vs UK Will
- How to Find a Notary in Spain for a Will
- Spanish Inheritance Tax for UK Expats
