Wills in Spain — Everything you need to know

Making a will in Spain is one of the most important steps you can take to protect your assets and ensure your wishes are carried out. Whether you are a resident or a non-resident property owner, understanding how Spanish wills work will save your family considerable time, stress and expense in the future.

Do I need a Spanish will?

Whilst a Spanish will is not a strict legal requirement, it is strongly recommended for anyone owning property or holding assets in Spain. Spanish law does recognise foreign wills — including English wills — provided they have been officially translated into Spanish and legalised with an Apostille stamp. However, this process can take many months and is often more expensive than simply drawing up a Spanish will in the first place.

More importantly, using an English will in Spain means waiting for the Grant of Probate to be issued in the UK before the Spanish inheritance process can even begin. Given that Spanish inheritance tax must be settled within six months of the date of death, any unnecessary delay can result in penalties and surcharges. A Spanish will avoids all of this.

Your freedom as a British national

As a British national, you have an important right under EU Succession Regulation 650/2012 — commonly known as Brussels IV. You may elect that English, Scottish or Northern Irish law governs your entire estate in Spain, rather than Spanish law. This means that Spanish forced heirship rules — which would otherwise require fixed portions of your estate to pass to specific family members — will generally not apply to you.

In plain terms: you are free to leave your Spanish assets to whoever you wish, just as you would in the United Kingdom. This election must be clearly stated in your Spanish will, which is one of the key reasons why having a properly drafted Spanish will is so valuable.

Can I have more than one will?

Yes. It is perfectly legal — and in fact advisable — to have both a will in the UK covering your British assets, and a separate Spanish will covering your assets in Spain. The two documents must be consistent with each other, and each should clearly state that it only applies to assets in that specific country.

Every time you sign a new Spanish will, it automatically revokes all previous Spanish wills. All wills signed before a Spanish Notary are registered with the Central Registry of Last Wills (Registro Central de Últimas Voluntades) in Madrid. Upon your death, the most recently registered will is the one that will be applied.

Requirements for a valid Spanish will

To be legally valid in Spain, a will must meet the following conditions:

• The testator must prove their identity and mental capacity to make a will
• The testator must be over the age of 14 (or 18 for a holographic will)
• You cannot delegate the writing of your will to another person
• Joint wills between two people are not permitted in Spain

Types of will in Spain

There are three main types of will used in Spain:

Open will (Testamento Abierto) — the most common and the one we recommend. The will is prepared by a notary in accordance with legal requirements, then signed by the testator and two witnesses. It is registered with the Central Registry of Last Wills and the testator receives a certified copy. This is the safest and most straightforward option.

Holographic will (Testamento Ológrafo) — a handwritten will signed and dated by the testator. It is the simplest and cheapest to produce, but also the easiest to challenge and the most difficult to execute after death. It can be voluntarily registered at the Spanish will registry and must be authenticated by a judge upon the testator’s death.

Closed will (Testamento Cerrado) — the will is prepared in secret with the help of a solicitor, then sealed in an envelope and signed by a notary and two witnesses before being registered. This option is rarely used in practice.

For British nationals, we always recommend the open will signed before a Spanish Notary. It is secure, immediately recognised by all Spanish authorities, and gives your family complete clarity when the time comes.

How we draft your Spanish will

At Interteam Consulting, we handle the entire process from start to finish:

• We meet with you at our office in La Zenia, Orihuela Costa — or remotely if you are based in the UK
• We advise you on the most appropriate structure for your will, including the election of British law under Brussels IV
• We draft your will in two columns — Spanish and English — as required by Spanish law
• We coordinate the signing appointment before a local Notary
• We ensure your Spanish will is consistent with your existing UK will
• We register your will with the Central Registry of Last Wills in Madrid

The entire process typically takes no more than two to three hours of your time. The cost is modest and the peace of mind it provides is invaluable.

What if I die without a will in Spain?

If you pass away without a valid Spanish will, and without having elected the law of your nationality, Spanish intestacy rules will apply to your Spanish assets. The Law of Obligatory Heirs will determine who inherits and in what proportion — which may be very different from your actual wishes. The process will also be significantly slower, more complex and more expensive for your family.

Do not leave this to chance. Contact us today and let us help you put the right arrangements in place.

Gifts and donations of property during your lifetime

If you wish to transfer your Spanish property to your children or other family members now — rather than through inheritance — this is possible through a legal donation (donación) before a Spanish Notary. This can be a tax-efficient option in certain circumstances, particularly given the generous relief available in the Valencian Community.

However, donations do involve notary and Land Registry fees, and potentially gift tax, so professional advice is essential before proceeding. We will assess your personal situation and recommend the most appropriate solution for you and your family.

A practical example

David and Christine are a British couple who retired to the Costa Blanca. They own a villa worth 320,000€ and have savings in a Spanish bank account. David also has two adult children from a previous marriage.

Without a Spanish will electing British law, Spanish forced heirship rules could apply, potentially entitling David’s children to a fixed share of the estate regardless of his wishes. By making a Spanish will and electing English law, David is able to leave everything to Christine, with their children as secondary beneficiaries — exactly as he intended.

The entire process of drafting and signing the Spanish will took less than two hours at our office in La Zenia.

Contact us today for a free initial consultation — we are here to help you plan ahead with confidence.