Spanish Wills for Non-Residents: Why You Need One

If you own property in Spain but live abroad, a separate Spanish will covering only your Spanish assets is the simplest way to protect your family. Drafted correctly, it works alongside the will you already have at home without affecting it, and it is signed before a Spanish notary in a single appointment.

The reasonWhy a separate Spanish will?

Many owners assume that their will at home covers everything, including the Spanish property. A foreign will can be used in Spain, but it makes the Spanish side slower and harder for your heirs.

• Without a Spanish willYour heirs have to obtain your foreign will, often with the grant of probate or its equivalent, have it apostilled and translated by a sworn translator, and present it to a Spanish notary. Until then, nothing in Spain can move.
• With a Spanish willYour heirs go to the Spanish notary with the death certificate, the certificate of last wills and the Spanish will. The Spanish side can start straight away.

Two willsWhat a Spanish will covers

A Spanish will for a non-resident normally covers only the assets in Spain: the property, Spanish bank accounts, vehicles registered in Spain and anything else located here. Your will at home continues to govern everything else.

The two wills have to be drafted with each other in mind. Each should say clearly that it deals only with its own assets and that it does not revoke the other. A new will at home that accidentally revokes the Spanish one, or the other way round, is a common and costly mistake. For more detail, see our guide to the Spanish will versus the English will.

Which law appliesThe EU Succession Regulation

Since 17 August 2015, Spain applies EU Regulation 650/2012 to cross-border successions. The general rule is that the law of your habitual residence at the time of death governs the whole succession. In your will, however, you can choose the law of your nationality instead. The choice has to be made expressly.

This matters because Spanish law reserves part of an estate for children and a surviving spouse (the “legítima”). For a British national, for example, choosing English law restores the wide freedom to leave assets as you wish. The United Kingdom has never taken part in the Regulation, but Spain applies it to every estate that includes Spanish property. Whether a choice of law suits you depends on your family and your nationality, and we look at it with you before drafting.

Step by stepHow a Spanish will is made

• 1. Your wishesWe talk through your family, your Spanish assets, your will at home and who you want to inherit.
• 2. The draftFor clients whose purchase or inheritance we handle, we prepare the will in Spanish, with an English translation so that you know exactly what you are signing.
• 3. ReviewYou review the draft and we adjust it until it says what you want.
• 4. SigningYou sign before a Spanish notary. A will is a personal act: it cannot be signed through a power of attorney.
• 5. RegistrationThe notary records the will in the Registry of Last Wills in Madrid, so it is easy to find when it is needed.

If you cannot come to Spain, a will can also be made before a Spanish consul in your country, who acts as notary. We prepare the content with you in the same way.

We prepare Spanish wills for the clients whose purchase, sale or inheritance in Spain we are handling.

Questions

Do I need a Spanish will if I already have a will at home?

It is strongly recommended. Your will at home remains valid, but without a Spanish will your heirs have to have it apostilled, translated and accepted in Spain, which takes time.

Does a Spanish will replace my will at home?

No. The Spanish will covers your Spanish assets and your will at home covers everything else. For clients whose purchase or inheritance we handle, we draft the Spanish will so that the two do not conflict.

Can a married couple make a joint Spanish will?

No. Spanish law does not allow joint wills. Each spouse signs their own, and the two can be drafted to mirror each other.

Can I change my Spanish will later?

Yes, at any time, by signing a new one before a notary. Review it whenever something important changes: buying or selling property, marriage or divorce, or the birth of children or grandchildren.

Does a Spanish will change the inheritance tax?

No. The will decides who inherits; the tax depends on the region and on the relationship to the deceased. In the Valencian Community close family members benefit from substantial reductions, and the figures are worked out case by case.

How we work

We prepare Spanish wills for the clients whose purchase, sale or inheritance in Spain we are handling. We act from our office in Jávea and through our associated office in Dénia, across the north Costa Blanca: Jávea, Moraira, Teulada, Benitachell, Benissa and Dénia. For the full picture, see our Spanish inheritance and wills services, what happens if you die without a will in Spain, and our guide to gifting property in Spain to your children.

Tomas Ballestero Lawyers is listed on the UK Government’s directory of lawyers in Spain (Foreign, Commonwealth & Development Office) and on the Royal Norwegian Embassy’s list of lawyers in Spain. Neither recommends or endorses the firms on these lists.

We have been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

The lawyers who will handle your matter

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

See buying out a co-owner or selling your share.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every matter is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every family is different and you should take advice on your own circumstances before acting.