Must I make a Will in Spain?

Is a Spanish Will Compulsory?

If you own property or other assets in Spain, you may wonder whether you are legally required to make a Spanish Will. This is one of the most common questions we receive from foreign property owners.

The short answer is no: you are not legally obliged to make a Spanish Will simply because you own property in Spain. However, having one is often strongly recommended.

A properly drafted Spanish Will can make the inheritance process considerably easier for your beneficiaries, particularly if you live abroad or have assets in more than one country.

Why Is Having a Spanish Will Recommended?

When someone dies leaving assets in Spain, their heirs must complete the necessary inheritance formalities before those assets can be transferred into their names.

If there is a Spanish Will, the heirs can normally obtain an authorised copy from the Spanish Notary once the relevant certificates have been issued. This can simplify the preparation of the Spanish inheritance deed and subsequent dealings with banks, the Land Registry and tax authorities.

Where there is no Spanish Will, it may be necessary to obtain additional documentation from another country to establish the identity and entitlement of the beneficiaries. Depending on the circumstances, this may involve foreign probate documents, certificates concerning the applicable succession law, sworn translations or legalisation requirements.

These additional formalities can increase both the time and cost of administering an inheritance in Spain.

What Happens if I Die Without a Spanish Will?

Not having a Spanish Will does not necessarily mean that your Spanish assets will be distributed according to Spanish inheritance law. The law applicable to your succession must first be determined, taking account of the relevant international rules.

If you have a valid Will made abroad, it may also cover your Spanish property. However, your heirs may need to establish its validity and effect in Spain, sometimes with additional foreign documentation.

If you die without any valid Will, the beneficiaries will have to be identified according to the applicable intestacy rules. This may require further legal procedures before the Spanish inheritance can be completed.

Which Country’s Inheritance Law Applies?

The European Succession Regulation (EU Regulation 650/2012), applicable to deaths occurring on or after 17 August 2015, establishes common rules for determining the law governing cross-border successions in participating EU Member States, including Spain.

As a general rule, the law applicable to the succession is that of the country where the deceased had their habitual residence at the time of death, subject to the exceptions provided for in the Regulation.

However, a person may choose the law of their nationality to govern their succession, subject to the Regulation’s requirements. This possibility is not limited to EU nationals and can be particularly relevant to British and other foreign nationals living in Spain.

The choice of applicable law can have important consequences for the distribution of an estate, including the rights of spouses, children and other beneficiaries. Spanish succession law includes forced-heirship provisions, although the applicable rules may differ depending on the relevant Spanish civil-law system.

It is also important to distinguish between succession law and inheritance taxation. Choosing the law of your nationality does not determine which inheritance taxes will be payable in Spain.

For further information, you can consult the official text of EU Regulation 650/2012 or read our article on the European Succession Regulation and Spanish Wills.

What if I Already Have a Will in My Home Country?

You can have a Will in your home country and a separate Spanish Will dealing specifically with your assets in Spain.

However, both Wills must be carefully coordinated. A new Will can sometimes revoke an earlier one, either expressly or through conflicting provisions. It is therefore important to review any existing testamentary arrangements before preparing a Spanish Will.

At Bravo Legal, we take account of your nationality, habitual residence, family circumstances and existing Wills to help ensure that your Spanish Will is appropriate for your situation.

How Can Bravo Legal Help?

With over 30 years of experience advising international clients, Bravo Legal provides a straightforward service for preparing and signing Spanish Wills.

We prepare Wills in bilingual Spanish and English format, explain their provisions, arrange the Notary appointment and provide interpretation where required.

You can find full details of our service, including our all-inclusive fees, on our Spanish Wills service page.

Would you like to make your Spanish Will? Complete our online Spanish Will instructions form and we will prepare a draft for your review before arranging the Notary appointment.

For further advice, please contact us at wills@bravolegal.es.