Crossover: Wills + Inheritance

Spanish Will vs Foreign Will — Which Do You Need for Spanish Assets?

If you own assets in Spain, the question is not whether to have a will but which will (or wills) you need. We explain when a Spanish will protects your estate, when your home-country will is enough, and how the EU Succession Regulation changes the answer.

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The basic position

Spain accepts any valid will from any country, including UK, Irish, American, German, French and Australian wills. So strictly speaking, a foreign will can be enough.

But “enough” in legal terms and “optimal” are different things. A Spanish will normally results in a faster, cheaper and less stressful inheritance process for your heirs because it avoids cross-border probate, foreign apostille and translation costs, and confusion about which law applies.

For most expats with Spanish assets, the best answer is: have both a foreign will (for assets in your home country) and a separate Spanish will (for Spanish assets only). The two must be drafted to work together, not in conflict.

Why a Spanish will is usually worth having

Faster probate — a Spanish will is processed by a Spanish notary directly; foreign wills require apostille, sworn translation and recognition before they can be used in Spain.
Lower costs — avoids translation fees, apostille fees and foreign legal coordination.
Less stress for heirs — your heirs work with one Spanish notary, not multiple international lawyers.
Clearer EU Succession Regulation election — a Spanish will is the cleanest place to elect your home-country succession law (Brussels IV).
Inheritance tax planning — a properly structured Spanish will can claim regional allowances on Spanish assets that foreign wills cannot.

When a foreign will alone might be enough

If your only Spanish asset is a low-value bank account or vehicle, the cost-benefit of a separate Spanish will may not justify it. The foreign will, apostilled and sworn-translated, can transfer ownership through Spanish probate. However, this is a high-friction path and not normally recommended.

For Spanish property of any meaningful value, a Spanish will is essentially required for practical purposes.

EU Succession Regulation (Brussels IV) and your choice of law

Since 2015, the EU Succession Regulation (Regulation 650/2012) lets you elect the succession law of your nationality to apply to your estate, instead of the default law of your last habitual residence. For expats this matters because:

Spanish succession law has forced heirship — children are entitled to a fixed share of the estate regardless of the will.
UK, Irish and US succession law generally has testamentary freedom — you can leave assets to whoever you choose.
Without an explicit election, a UK national resident in Spain at death may have their estate distributed under Spanish forced-heirship rules.

The election must be made in writing in your will. A properly drafted Spanish will includes this election explicitly. A foreign will may include it but is more likely to be challenged.

How we draft Spanish wills

Our Spanish-will service includes:

Initial consultation in English to understand your full estate (Spanish and foreign).
Drafting in Spanish and English (bilingual notary version + English plain-language summary).
EU Succession Regulation election where appropriate.
Notary appointment booking and accompaniment if needed.
Registration in the Spanish Central Register of Wills.
Coordination with your foreign solicitor if you have an existing foreign will.

Protect your Spanish estate

A Spanish will costs little and saves your heirs months of probate complexity. Book a consultation and we will draft your Spanish will to work alongside your foreign will.

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This page provides general information about Spanish vs foreign wills and does not constitute legal advice. For advice on your estate, please book a consultation.