Do You Need a Spanish Will If You Already Have an English One?
One of the most common questions we hear from British expats who own property in Spain is whether they need a separate Spanish will. The short answer is yes, and here is why. While your English will can technically cover your Spanish assets, relying solely on a UK will to deal with property in Spain creates significant delays, additional costs and legal complications for your heirs.
At Tomas Ballestero Lawyers, we have been advising British clients on wills and inheritance planning in Spain for over 30 years. We strongly recommend that anyone who owns property or has significant assets in Spain makes a separate Spanish will.
Why a UK Will Alone Is Not Enough
If you only have a UK will, your heirs will face a lengthy and expensive process to deal with your Spanish assets after your death. The UK will must first go through probate in England or Wales. Once the grant of probate is obtained, it must be legalised with an Apostille, officially translated into Spanish by a sworn translator, and then presented to a Spanish notary. This process can take many months, sometimes over a year, during which time your heirs cannot access or sell the Spanish property.
There is also a strict six-month deadline in Spain for paying inheritance tax (Impuesto sobre Sucesiones). If this deadline is missed because the UK probate process is still ongoing, your heirs may face penalties and surcharges on the tax due.
The Benefits of Having a Separate Spanish Will
A Spanish will that covers only your assets in Spain allows the inheritance process to begin immediately in Spain, without waiting for UK probate. Your heirs can go directly to a Spanish notary with the death certificate and the Spanish will to begin the acceptance of inheritance (aceptación de herencia). This runs in parallel with the UK probate process for your UK assets, saving considerable time and money.
A Spanish will is registered in the Central Registry of Last Wills (Registro General de Actos de Última Voluntad) in Madrid, making it easy for notaries to locate after your death. The process of making a Spanish will is straightforward, inexpensive (typically around €150-€250) and can be completed in a single visit to a notary.
How to Structure Your Wills
The recommended approach is to have two wills: a Spanish will covering only your Spanish assets, and a UK will covering only your UK and other worldwide assets. It is crucial that each will clearly states that it only applies to assets in the relevant jurisdiction, and that it does not revoke any other wills. A common and costly mistake is making a new UK will that accidentally revokes the Spanish will, or vice versa. Your lawyer must coordinate both wills carefully to avoid this.
Spanish Forced Heirship vs Freedom to Dispose
Under traditional Spanish inheritance law, a system of forced heirship (legítima) reserves a portion of your estate for your children and surviving spouse. However, since the EU Succession Regulation (Brussels IV) came into force in 2015, British nationals can choose to apply the law of their nationality to their entire estate. This means you can opt for English law, which gives you complete freedom to leave your assets to whoever you wish, without being bound by Spanish forced heirship rules. This choice must be expressly stated in your Spanish will.
What Happens If You Die Without a Will in Spain?
If you die without a will (intestate) and you own property in Spain, Spanish intestacy rules may apply to your Spanish assets. Under Spanish law, your estate would pass first to your children, then to your parents, then to your spouse, and finally to more distant relatives. This may not reflect your wishes, particularly if you are in a second marriage, have stepchildren, or wish to leave assets to a partner to whom you are not married.
Reviewing Your Will Regularly
We recommend reviewing your Spanish will whenever there is a significant change in your circumstances, such as buying or selling property, getting married or divorced, the birth of children or grandchildren, or changes in tax legislation. A regular review ensures your will remains up to date and reflects your current wishes.
How We Can Help
At Tomas Ballestero Lawyers, we specialise in inheritance planning for British expats in Spain. We will draft your Spanish will, ensuring it is properly coordinated with your UK will, and advise you on the best structure to minimise inheritance tax for your heirs.
Contact us today on +34 607 320 768 (WhatsApp available) to arrange your Spanish will. It is one of the most important and affordable steps you can take to protect your family.
For expert legal guidance, contact our lawyers in Javea. We assist international clients across Javea, Moraira, Denia and the Costa Blanca with English and French-speaking solicitors.
Need help with inheritance or probate matters in Spain? Contact our Inheritance & Wills Lawyers for expert legal assistance on the Costa Blanca.
Not sure if you need a Spanish will? Our experienced inheritance lawyers in Spain offer a free initial consultation. Call +34 965 792 946.
