Spanish Wills for Non-Residents: Why You Need One and How to Get It

Spanish Wills for Non-Residents: Why You Need One and How to Get It

If you own property in Spain, you need a Spanish will. Without one, your heirs face a lengthy, expensive, and stressful probate process. Here is everything you need to know.

Why Do You Need a Separate Spanish Will?

Many people assume their UK, French, or Dutch will covers everything, including their Spanish property. Technically, a foreign will can be used in Spain, but the practical consequences are severe:

Without a Spanish will: Your heirs must locate your foreign will, have it apostilled by the relevant authority in your home country, have it officially translated into Spanish by a sworn translator, and then present it to a Spanish notary alongside a certificate from the Central Registry of Last Wills confirming you did not make a Spanish will.

With a Spanish will: Your heirs simply present the death certificate and the Spanish will to the notary. The inheritance can typically be completed within 2 to 4 months.

What Does a Spanish Will Cover?

A Spanish will for non-residents is designed to cover only your Spanish assets. This typically includes your property, Spanish bank accounts, vehicles registered in Spain, and any other assets located in Spain. It does not replace or affect your home country will, which continues to govern all your non-Spanish assets.

It is important that both wills are carefully drafted to avoid conflicts. Your Spanish will should contain a clause stating it applies only to assets in Spain, and your home country will should exclude Spanish assets. We coordinate with your home country solicitor to ensure both documents work together.

How Is a Spanish Will Made?

EU Succession Regulation (Brussels IV)

Since August 2015, the EU Succession Regulation (known as Brussels IV) applies to cross-border inheritances. The default rule is that the law of your habitual residence at the time of death governs your entire estate. However, you can make a choice of law in your will, opting for the law of your nationality instead.

This is particularly important for British nationals (post-Brexit, the UK is not bound by Brussels IV but Spain still applies it), French nationals (French forced heirship rules may apply), and Dutch nationals. We advise all our clients on whether a choice of law clause is appropriate for their circumstances.

What About Inheritance Tax in Spain?

Spanish inheritance tax (Impuesto de Sucesiones) varies significantly by region. In the Valencian Community (which includes Javea, Denia, Calpe, and the entire Costa Blanca), there are generous allowances for close family members. Spouses and children typically benefit from substantial reductions.

Having a properly drafted Spanish will does not change your tax liability, but it makes the administration process faster, cheaper, and less stressful for your heirs — which is often the greatest gift you can leave them.

Can You Make a Spanish Will Without Travelling to Spain?

The will must be signed before a Spanish notary, so you do need to be physically present for the signing. However, we can handle all the preparation remotely — the consultation, drafting, and review can all be done by email or video call. You only need to visit Spain for the brief notary appointment.

If you are unable to travel to Spain at all, there are alternative arrangements involving consular wills, though these are more complex and we recommend the standard notary route whenever possible.

Areas We Serve

We prepare Spanish wills for non-residents across the Costa Blanca, including Javea (Xabia), Moraira, Denia, Calpe, Altea, Benidorm, Alicante, Torrevieja, Orihuela Costa, and the wider Valencian Community. Our office is in Javea with notary appointments available locally.

Frequently Asked Questions

Do I need a Spanish will if I already have a UK will?

Yes, strongly recommended. While a UK will can technically be used in Spain, the process is far more expensive and time-consuming for your heirs. A Spanish will covering your Spanish assets makes inheritance straightforward.

Does a Spanish will replace my UK will?

No. A Spanish will covers only your Spanish assets. Your UK will continues to govern your non-Spanish assets. Both wills work together, and we ensure they are drafted to avoid any conflicts.

How much does it cost to make a Spanish will?

Making a Spanish will is relatively inexpensive compared to the costs your heirs would face without one. The main costs are the lawyer fees for drafting and the notary fees for signing. Contact us for a specific quote based on your circumstances.

Can a married couple make a joint Spanish will?

Spanish law does not allow joint wills. Each person must make their own individual will. However, we can prepare both wills at the same time to ensure they complement each other.

What happens if I change my mind after making a Spanish will?

You can revoke or modify your Spanish will at any time by making a new one. The latest will automatically revokes any previous Spanish will. We recommend reviewing your will whenever your circumstances change significantly.