“I already have a will at home — do I need a Spanish will too?” Yes, absolutely. A separate Spanish will saves your family significant time, money, and stress.
Without a Spanish Will
Heirs must obtain, translate (sworn translator), apostille, and validate a foreign will in Spain. Takes many months. Property cannot be sold and bank accounts may be frozen.
How a Spanish Will Helps
Registered with the Central Registry of Last Wills in Madrid. Located quickly after death. Inheritance proceeds without authenticating foreign documents. Timeline reduced from months to weeks.
Two Wills Working Together
Spanish will covers Spanish assets; home-country will covers everything else. Critical: the Spanish will must NOT accidentally revoke your home-country will. An experienced lawyer includes specific wording to prevent this.
What to Include
Identify all Spanish assets, name beneficiaries and shares, appoint executor if desired, include choice of law clause (crucial for avoiding forced heirship), and specify this will covers only Spanish assets.
Choice of Law: A Critical Decision
Under EU Regulation 650/2012, Spanish law applies by default if you are resident. British nationals can choose English/Welsh/Scottish/Northern Irish law. Dutch nationals can choose Netherlands law. This determines how your estate is distributed.
When to Make Your Spanish Will
Ideally during or shortly after your property purchase. Review after marriage, divorce, birth of children, additional property purchases, or changes in tax law.
Can I Write My Own?
Handwritten wills (testamento ológrafo) are legal but require complex judicial validation after death. A notarial will (testamento abierto notarial) is far simpler and more reliable. Professional legal advice is strongly recommended.
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Related Articles
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Related Articles
- Spanish Inheritance Law Guide for Expats
- Inheritance Tax Valencia Region
- Forced Heirship Rules in Spain
- Probate Process Spain Foreign Estates
- Power of Attorney for Property Purchase
Disclaimer: This article is provided for general informational purposes only and does not constitute legal, tax, or financial advice. Tax laws and regulations are subject to change and may vary depending on individual circumstances. No solicitor-client relationship is created by reading this article. For advice specific to your situation, please contact a qualified legal professional. Tomas Ballestero Lawyers accepts no liability for actions taken based on the information contained herein.
Need help making a Spanish will? Our experienced inheritance lawyers in Spain offer a free initial consultation. Call +34 965 792 946.