SPANISH WILLS FOR FOREIGN PROPERTY OWNERS

With over 30 years of experience, we have established ourselves as specialists in drafting and arranging Spanish Wills for foreign clients who own property or other assets in Spain. Having a properly drafted Will in Spain can considerably simplify the administration of your Spanish estate and help ensure that your wishes are clearly documented.

Although having a separate Spanish Will is not compulsory simply because you own a property in Spain, it is often advisable for foreign property owners. A Spanish Will dealing specifically with your assets in Spain can make the inheritance process more straightforward for your beneficiaries and avoid unnecessary complications when dealing with Spanish Notaries, banks, the Land Registry and the tax authorities.

HOW MUCH DOES A SPANISH WILL COST?

Our service for making a Will in Spain is fully comprehensive and transparent. The total cost includes all professional fees, Notary costs and applicable VAT, amounting to 400.00 Euros. This is an all-inclusive Spanish Will service, so you know the full cost from the outset, with no hidden charges.

For couples making Spanish Wills, each person must execute a separate Will, as Spanish Wills are individual documents. When both partners attend the Notary together, the total all-inclusive cost for both Wills is 600.00 Euros.

The prices quoted are final and include legal advice, preparation and drafting of the Will, attendance and interpretation at the Notary, Notary fees and VAT. There are no hidden costs or additional Notary charges.

HOW IS A WILL MADE IN SPAIN?

We aim to make the process as simple as possible, particularly for clients who are not familiar with the Spanish legal system. Your Spanish Will is prepared in bilingual format (Spanish and English), allowing you to understand exactly what you are signing.

Once the wording has been agreed, we arrange an appointment for you to sign the Will before a Spanish Notary. We attend the appointment with you and act as interpreters where required. The original Will remains in the Notary’s protocol, while information concerning its existence is communicated to the Central Registry of Wills in Madrid (Registro General de Actos de Última Voluntad). We will provide you with printed and electronic copies and can also retain a copy in our files if required.

If you would like to arrange your Will, please complete our online Spanish Will form with your personal details and instructions regarding your beneficiaries. We will review the information and prepare a draft for your approval before arranging the Notary appointment.

DO I NEED A SPANISH WILL IF I ALREADY HAVE A WILL IN MY HOME COUNTRY?

It is possible for a foreign Will to deal with assets situated in Spain, and having an existing Will in another country does not automatically mean that you must make a separate Spanish Will. However, in many cases a Will specifically dealing with Spanish assets can make the subsequent probate and inheritance process in Spain considerably easier.

Where a person has Wills in more than one country, they must be drafted carefully so that one Will does not inadvertently revoke or conflict with the other. We therefore consider the client’s circumstances and existing testamentary arrangements when preparing a Spanish Will.

Read our article “Must I make a Will in Spain?” for further information about Spanish Wills for foreign property owners and inheritance planning in Spain.

SPANISH WILLS AND THE EUROPEAN SUCCESSION REGULATION

An important consideration for foreign nationals is the European Succession Regulation (EU Regulation 650/2012), which has applied to successions opened from 17 August 2015. The Regulation introduced common rules for determining which country’s succession law applies in cross-border estates and is therefore particularly relevant to people who live in one country while owning property or other assets in another.

One of the most important aspects of the Regulation is the possibility, subject to its requirements, for a person to choose the law of their nationality to govern their succession. This can be particularly significant where the applicable succession law contains different rules concerning beneficiaries, reserved shares or forced heirship.

The interaction between Spanish succession law, the law of your nationality and any Wills made in other countries requires careful consideration. A Spanish Will should therefore be drafted according to your individual circumstances rather than using a standard document without considering your nationality, residence and existing Wills.

You can consult the official text of EU Regulation 650/2012 or read our guide to the European Succession Regulation and Spanish Wills for further information.

EXPERIENCED LEGAL ADVICE ON SPANISH WILLS AND INHERITANCE

At Bravo Legal, we have been advising foreign property owners on Spanish Wills, probate and inheritance matters for more than 30 years. Our experience with international clients enables us to explain the Spanish legal process clearly in English and to prepare Wills that take account of the particular circumstances of foreign and non-resident property owners.

If you have any questions about making a Will in Spain, the effect of an existing foreign Will or the inheritance of Spanish property, please contact us at wills@bravolegal.es.