Why It Matters

The core reason to have a Spanish will is simple: it makes inheriting your Spanish assets dramatically easier for the people you leave behind. When you die owning Spanish property, your heirs have to go through the Spanish succession process — accepting the inheritance before a notary, paying inheritance tax, and registering the property — and a Spanish will is the document that lets them do this cleanly and without delay.

Without one, that same process becomes a paperwork ordeal: foreign documents to translate and legalise, foreign law to prove, and added cost and months of delay — all while the inheritance-tax clock (6 months from death) is running, risking surcharges. A modest investment now in a properly drafted Spanish will saves your family significant money, time and stress at the worst possible moment. It's one of the highest-value, lowest-effort things a Spanish property owner can do, which is why we recommend it to every owner.

What Happens Without One

Not having a Spanish will doesn't mean your Spanish assets can't be inherited — but it makes it much harder. If there's a foreign will only, it can usually still govern the Spanish assets, but it must be officially translated, apostilled/legalised, and the relevant foreign law often proven to the Spanish authorities, all of which adds cost, complexity and delay. If there's no will at all, the rules of intestacy (Spanish, or the applicable foreign rules) determine who inherits, adding a further step to establish the heirs.

The practical consequences for grieving relatives are real: more documents to gather from abroad, more professional fees, a longer wait to access or sell the property, and pressure from the 6-month tax deadline they may not even know about. Our guide to inheriting property in Spain shows just how much smoother the process is when a Spanish will is in place. Avoiding all of this for your family is the whole point of making one.

It Works With Your Home Will

A common worry is that making a Spanish will means somehow replacing or conflicting with the will you have at home. Done properly, it doesn't. A Spanish will is drafted to cover only your Spanish assets and to sit alongside your home-country will (which continues to cover your assets there) — explicitly worded so the two don't revoke or contradict each other. The result is a clean split: your Spanish will deals with the Spanish estate, your home will deals with the rest.

This is actually the recommended structure for someone with assets in two countries, because it means each estate can be administered under its own system without one will tripping over the other. The danger to avoid is a poorly drafted Spanish will that accidentally revokes the home will (or vice versa), or two wills that conflict — which is exactly why this should be done by someone who handles cross-border estates and coordinates the two. We draft Spanish wills designed to dovetail with your existing home-country will.

Brussels IV & Forced Heirship

Spain has forced heirship (legítima) rules that reserve a portion of an estate for certain heirs — typically children — limiting how freely you can leave your assets. For someone from a common-law country used to leaving everything as they wish, this can produce unintended outcomes. However, under EU succession rules (Brussels IV / the EU Succession Regulation), a foreign national can elect in their will for the law of their nationality to govern their succession — so, for example, a British national can choose English law, with its testamentary freedom, to apply instead of Spanish forced heirship.

Making this election clearly is one of the most important things a well-drafted Spanish will does: it lets you leave your Spanish estate according to your own wishes rather than being constrained by Spanish forced-heirship rules. Without the election expressed properly, your estate could be subject to rules you never intended. (Note this governs who inherits; Spanish inheritance tax still applies regardless.) This is technical territory where getting the wording right matters — and where we make sure your will reflects the law you intend to apply.

How a Spanish Will Is Made

Making a Spanish will is straightforward with the right help:

You'll need your NIE/passport and details of your Spanish assets and intended heirs. The process is quick and the cost modest — small relative to the cost and delay it saves your family. Once made, it sits safely in the registry until needed, and can be updated if your circumstances change. It's one of the simplest pieces of legal protection a Spanish owner can put in place. We handle the drafting, the notary appointment and the registration.

Who Needs One

You should seriously consider a Spanish will if you:

• Own a property in Spain — the clearest case; almost every Spanish property owner benefits.
• Hold other significant Spanish assets — bank accounts, investments, a vehicle, a business interest.
• Are resident in Spain — even more reason to have your succession properly arranged here.
• Want to control who inherits — especially to use the Brussels IV election around forced heirship.
• Have a blended family or specific wishes — where the default rules wouldn't match your intentions.

Essentially, if you have meaningful assets in Spain, a Spanish will is strongly advisable. The investment is small and the benefit to your heirs is large — and it pairs naturally with getting your inheritance affairs and any tax planning in order. The best time to do it is when you acquire Spanish assets (for example, alongside a property purchase), but it's never too late while you're able to. We advise owners and residents on whether and how to put one in place.

How We Help

We draft Spanish wills that make inheritance smooth and reflect your wishes. We advise on whether you need one, draft it to cover your Spanish assets and dovetail with your home-country will, make the Brussels IV election so the right law governs your succession, arrange the notary signing (bilingual so you understand it) and registration, and join it up with your wider inheritance and tax planning. We also help heirs when the time comes. Our bar-registered solicitors handle cross-border estates in English, on a clear quote. Book a consultation to put your Spanish will in place.

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Frequently Asked Questions