Must I make a Will in Spain?

Must I Make a Will in Spain?

This is a verh common question, especially for clients who have purchased property in Spain.

The short answer is: You don’t have to, but you should.

If you’re a foreign citizen without a Spanish Will, your heirs will face a complex process to prove their entitlement to your inheritance. They must obtain documents such as a “Grant of Probate” or its equivalent from your home country, and possibly a “Certificate of Law” to demonstrate the applicable legal framework. Additionally, all foreign documents must be stamped with the “Apostille of The Hague Convention,” officially translated into Spanish, and sent to Spain. This process can be both time-consuming and costly.

To simplify matters and ensure your wishes are followed, it’s highly advisable to make a Spanish Will. This will ease the inheritance process for your beneficiaries.

There’s another important reason to consider making a Will in Spain: the European Succession Regulation (EU) 650/12, which has been in effect since August 17, 2015. This regulation allows EU nationals with property in Spain to choose either the law of their habitual residence or the law of their nationality to govern their inheritance. Without this choice, the default is the law of the country of habitual residence. In Spain, this means descendants (children or grandchildren) and ascendants (parents or grandparents) inherit before a surviving spouse. Any existing Wills might be contested by forced heirs under Spanish Succession Laws unless it explicitly states that your national law should apply.

We have been arranging Wills for over 30 years, bringing extensive experience to the process. Wills are prepared in a bilingual format (Spanish and English). The original is kept by the Notary, and a copy is sent to the Central Registry of Wills in Madrid. We provide you with both hard and electronic copies, and we can keep a copy in our files if you wish.

By creating a Spanish Will, you ensure a smoother, clearer process for your heirs, aligning with your intentions and reducing potential legal complications.

Please CLICK HERE to read more about our Wills service