Spanish Will Drafting · English-Speaking Solicitors

Spanish Will Drafting Done Right
— Fixed Fees, Full English Explanation

We draft your Spanish will from scratch, in Spanish with a parallel English translation, tailored to your Spanish assets, your family structure, and the national inheritance law you want to apply under Brussels IV. Signed before a Spanish notary, registered in Madrid, and built to run cleanly alongside the will you already have back home.

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A Spanish will drafted properly is one of the highest-value, lowest-friction pieces of legal work an expat in Spain can have done. It takes around three weeks from first call to signed, registered document. It removes months of delay from the probate your family will eventually face. It protects the foreign inheritance law you want to apply to your Spanish estate. And for most clients it costs less than a single month's community fees on their Spanish home.

This page is for anyone considering a Spanish will drafting service and wants to understand exactly what we do, how the drafting differs from a DIY or template will, what every clause in a well-drafted Spanish will actually does, and what the process looks like from instruction through signing and registration. By the end of the page you should know whether a Spanish will is right for you, what to expect when you instruct us, and where the common drafting mistakes lie.

What "drafting a Spanish will" actually means

It is not translating your UK will into Spanish. It is not signing a boilerplate form downloaded from the internet. A Spanish will drafted for an English-speaking expat is a bespoke, bilingual, notarial document that performs five distinct legal functions at once:

  • Identifies you as testator using your passport, NIE and tax residency position — so the Spanish notary has no ambiguity about who is making the will and under what foreign nationality.
  • Makes a choice-of-law election under EU Regulation 650/2012 (Brussels IV) — stating that the law of your nationality, not Spanish law, is to govern your succession.
  • Names beneficiaries and substitute beneficiaries for your Spanish estate — with clauses that anticipate predeceasing children, simultaneous death, and step-family structures.
  • Defines the scope so that the Spanish will applies only to your Spanish assets and does not accidentally revoke your home-country will.
  • Appoints executors or persons of trust where your nationality's law contemplates them, and includes powers enabling those representatives to act in Spain.

Each of those functions is a clause, and each clause is where DIY wills fall down. A will that omits the Brussels IV election may leave your estate subject to Spanish forced heirship. A will that uses the wrong revocation wording can accidentally cancel your UK will in its entirety. A will with no substitute beneficiary clause can fail if one child dies before you do. A will that misidentifies your tax residency can push your estate into the wrong regional tax regime. None of these errors are visible at the time of signing; they only surface years later, in probate, where they cannot be fixed.

Why bespoke drafting matters

Three-quarters of the Spanish wills we see drafted by non-specialist offices are functional but suboptimal. They transfer the estate, they stand up in court, they will be admitted at the notary after death. But they miss reliefs that would have reduced the inheritance tax bill, they miss fallback clauses that would have saved the family from a contested probate, and they miss coordination with the home-country will that would have kept both jurisdictions running in parallel rather than fighting each other.

Bespoke drafting means the clauses are chosen because they fit your family, not because they were in the template. A couple with a first-marriage child and a second-marriage child each need different substitute-beneficiary logic than a couple with two joint children. A testator with a Spanish business share needs a continuity clause that a retiree with only a residential property does not. A testator whose UK estate is held in trust needs drafting that does not collide with the trust deed. These are judgement calls that only a specialist drafter will make.

When we quote for Spanish will drafting, we are quoting for legal thinking, not typing. The document is short. The decisions behind it are what you are paying for.

The Brussels IV election — the single most important clause

EU Regulation 650/2012, colloquially known as Brussels IV, applies in Spain since August 2015. Its default rule is that the law of the deceased's habitual residence at death governs the succession. For a long-term expat in Spain, that default means Spanish succession law — including the legítima, the forced-heirship rule that reserves two-thirds of your estate for your children regardless of what you would have wanted.

Brussels IV permits you to override the default by electing, in a testamentary document, the law of your nationality. For a British testator that typically means English and Welsh law (with Scots or Northern Irish as appropriate). For a US testator it means the law of their state of nationality. For an Irish testator it means Irish succession law. The election has to be explicit, it has to be made in writing, and it has to be made in a document that meets the formal validity requirements of Spanish succession law. A Spanish will signed before a notary is the cleanest way to meet all three.

Post-Brexit note: Brussels IV still applies in Spain to British nationals. The UK did not adopt Brussels IV, but the Regulation operates at the Spanish end — Spain recognises the election by a British testator regardless of the UK's own position. The election is valid, it is used every week, and our drafting includes it in every expat will we produce.

What sits in a properly drafted Spanish will

Below is the structure we use for the standard Spanish will we draft for an English-speaking expat. Each clause is tailored to the client; the skeleton is consistent.

Opening identification

Full legal name, passport number, NIE, nationality, marital status, date and place of birth, habitual residence. For couples drafting mirror wills, cross-references to the partner's will.

Declaration of capacity and intent

Standard Spanish notarial formula confirming the testator understands the document and is of sound mind. Read aloud by the notary at signing.

Brussels IV election

Explicit election of the law of the testator's nationality, with reference to Regulation 650/2012 article 22. For British nationals, specification of England and Wales (or Scotland, Northern Ireland) as the applicable unit of law.

Scope clause

Statement that the will applies exclusively to the testator's Spanish estate, and that it does not revoke, modify or affect the testator's home-country will. This clause is the single most important drafting defence against accidental global revocation.

Institution of heirs

Identification of the principal beneficiary or beneficiaries of the Spanish estate — typically the surviving spouse, or children equally, or a named individual. With full legal description (name, nationality, relationship, ID number).

Substitute beneficiaries

Fallback provisions for predeceasing beneficiaries. For example: if a named child predeceases, their share passes to their own descendants per stirpes. If all named beneficiaries predecease, the estate passes to a named reserve beneficiary.

Specific legacies

Optional clauses identifying particular assets (a specific property, bank account, vehicle, item of jewellery) and directing them to a particular person outside the residuary estate.

Usufruct and bare ownership

Where appropriate, separation of usufructo (the right to use and enjoy) from nuda propiedad (bare ownership). Often used for a surviving spouse to receive lifetime use of a property, with the bare ownership passing directly to children on first death.

Appointment of executor or representative

Where the testator wishes, a named executor (albacea) with defined powers to gather assets, pay debts and distribute the estate. Especially useful where beneficiaries are minors or live abroad.

Notary's closing formulae

Standard Spanish notarial clauses confirming the document has been read aloud, understood and signed, witnessed by the notary.

The languages of the document

Every Spanish will we draft is produced in a bilingual format. The Spanish column is what gets signed and registered; the English column is for the client's understanding. At signing the notary reads the Spanish text aloud. We always attend the signing with the client so that we can translate in real time if any question arises. There is no ambiguity about what the testator is signing.

Fixed fees, quoted up front

We quote our drafting fee in advance, not by the hour, and the quote includes the initial call, drafting, iteration, the notary attendance, and the registration. Notary fees are set by Spanish tariff and are modest; we itemise them in the quote so the total is transparent. The typical range of costs reflects complexity:

  • Standard single will — individual testator, straightforward Spanish assets, clear family structure, Brussels IV election.
  • Couple's mirror will package — two matched wills drafted together, cross-referenced, priced as a pair.
  • Complex or multi-jurisdiction will — blended family, business assets, existing trusts, or tax-driven drafting — priced bespoke after the initial call.

We do not publish specific euro figures on this page because the correct fee depends on the scope. Book a call and you will have an exact total before any work starts.

How It Works

The Drafting Process

From first call to registered will, typically two to three weeks.

01

Discovery call

45-minute video call. We map your Spanish assets, family, existing wills, and preferences. You leave the call knowing the cost, timeline and approach.

02

Bilingual draft

We prepare the full will in Spanish with an English translation column and a commentary note explaining every clause. You review at leisure.

03

Notary signing

We arrange a Spanish notary near your home. You attend, the notary reads the will, you sign. We attend with you. Thirty minutes.

04

Madrid registration

The notary files the will with the Registro Central de Últimas Voluntades. You receive a certified copy. Done.

What It Delivers

What a Properly Drafted Will Gets You

Brussels IV protection against forced heirship

Your nationality's inheritance law governs your Spanish estate. Your testamentary freedom is preserved. Children from first marriages cannot force a share under Spanish domestic law.

Probate that moves in weeks, not months

With a Spanish will on Madrid's register, your family's notary appointment after death is straightforward. No foreign grant to translate, no contested authentication.

Coordinated home-country will

Our drafting expressly preserves your UK, Irish or US will. The two wills run in parallel, each handling its own jurisdiction, with nothing revoked by accident.

Regional tax reliefs claimable on time

Correct drafting — including residence declarations and family identifications — allows your heirs to claim Andalusian, Valencian, Madrid or Murcian inheritance tax reliefs without challenge.

Substitute heirs if things change

Well-drafted substitute clauses protect against predeceasing beneficiaries, disclaimers, or simultaneous death. The estate has a chain of fallbacks rather than a single point of failure.

Executor authority, cleanly expressed

Where you want an executor, we draft them in with the powers Spanish law recognises — so the person of trust can act without having to go to court for authority.

Most Spanish wills we draft are signed within three weeks

Short process, high-value outcome. Book a call and we'll walk you through the specifics for your situation.

Book a Consultation

Types of Spanish will — which one do you want?

Spanish law formally recognises three types of will. In almost every case we draft the first of them.

The open will (testamento abierto)

Signed before a Spanish notary, read aloud, filed in the notary's protocol, registered in Madrid. This is the will we draft for virtually every client. It is the fastest to execute after death, it is the least open to challenge, and it is the only type for which the notary's certification establishes validity at the moment of signing.

The closed will (testamento cerrado)

Drafted privately, sealed in an envelope, presented to the notary who certifies the envelope without reading the contents. Rarely used today. The risk is that the unread drafting contains errors that cannot be corrected, and that the form of the document inside fails validity tests.

The holographic will (testamento ológrafo)

Written entirely by hand, dated and signed by the testator. No notary involved during life. Legally valid if formal requirements are met, but practically a disaster: after death it must be judicially authenticated, a court procedure that routinely takes eight to eighteen months and is frequently contested. We strongly advise against holographic wills in virtually every situation.

Drafting for couples — mirror wills and joint estates

Spanish law does not recognise true joint wills (two testators in one document). Couples must draft individual wills. However, we draft what in the English tradition are called mirror wills: two individual wills, drafted simultaneously, cross-referenced to each other, with matching substitute-beneficiary provisions.

The standard pattern for mirror wills is: on first death, the surviving spouse inherits (either outright or as usufructuary with children holding bare ownership); on second death, the children inherit. The two wills are drafted to mirror each other exactly so that the outcome is symmetrical regardless of which spouse dies first. For couples with children from previous relationships, we add careful substitute drafting to manage the step-family dynamic.

Drafting for blended families

Where a testator has children from more than one relationship, the substitute beneficiary logic matters more than it does anywhere else. Do you want each child's share to pass to their own descendants if they predecease you, or to be redistributed among your other children? Do you want your current spouse to inherit outright, or to receive a life interest with the bare ownership passing straight to your children? Should stepchildren be named as reserve beneficiaries, or excluded entirely? These are not abstract drafting questions — they are the questions that predict whether your will is administered smoothly or contested after death.

Drafting for Spanish business owners

Where the testator holds shares in a Spanish sociedad limitada, an autónomo practice, or a commercial property, we include continuity drafting. The key clauses are: instructions on whether the shares are to be sold, transferred to a named beneficiary, or held in trust for minor children; reference to any shareholders' agreement; and, where relevant, the specific business-continuity inheritance-tax relief (the 95% reduction on qualifying family businesses) which requires structural conditions met at the date of death.

Drafting for Americans — special considerations

US nationals face three drafting issues we address explicitly:

  • Choice of state law. Brussels IV recognises the law of the US state of nationality, so we specify the state (California, New York, Florida, Texas — whichever applies) to avoid ambiguity.
  • Trusts. US estates often run through revocable living trusts, and a Spanish will that contradicts the trust creates chaos. Our drafting explicitly preserves the US trust structure for US assets and confines the Spanish will to Spanish assets.
  • FATCA and US tax reporting. We do not advise on US tax itself, but we coordinate with the client's US tax counsel so that the Spanish will does not create inadvertent US tax consequences.

Drafting for Irish and other non-UK European nationals

Irish nationals benefit from Brussels IV in the same way British nationals do, with Irish succession law applicable on election. The drafting mirrors our UK drafting with the Irish law election substituted. For Dutch, German, French, Belgian and other EU testators resident in Spain, the analysis is similar but the election is typically to the testator's own home country's law.

Common Drafting Errors

Where DIY and Non-Specialist Wills Fail

Missing Brussels IV election

Without an explicit choice of the testator's national law, the Spanish default applies — exposing the estate to legítima forced heirship and overriding the testator's actual wishes.

Global revocation clauses

A standard "I revoke all prior wills" clause, lifted from a template, can cancel the testator's UK or US will entirely. Our scope clause prevents this.

No substitute beneficiaries

If the named heir predeceases and there is no substitute, the estate falls into intestacy for the relevant portion — and intestacy reopens everything the will was trying to settle.

Vague asset descriptions

"My Spanish property" is not a legally adequate identification if the testator owns more than one. We identify each asset with registry reference, municipal reference, or IBAN.

Wrong national law election for dual citizens

A dual national must specify which nationality's law is elected. Ambiguous drafting creates a challenge window.

Executor powers silent

Wills that name an executor without defining their powers leave the family without authority to act. Our drafting specifies the powers Spanish law recognises.

Who Instructs Us

Clients We Commonly Draft For

First-time Spanish will for a new resident

Clients who have recently moved to Spain and recognise that their UK or US will no longer covers their full picture.

Property owner who has never drafted one

Non-resident property owners with a holiday home or investment apartment, realising the Spanish estate still needs a Spanish will.

Couples wanting matched mirror wills

Married and unmarried couples drafting coordinated wills at the same time, often before a major life event.

Blended families

Second marriages, step-children, children from previous relationships — the situations where drafting matters most.

Post-divorce updates

Clients whose previous will left assets to an ex-spouse and who need a clean, registered replacement.

Business owners in Spain

Testators with a Spanish SL or professional practice, needing continuity and inheritance-tax-relief drafting.

Frequently Asked Questions

Spanish Will Drafting — Answered

How long does the drafting process take?
From first call to signed, registered will, two to three weeks is typical. We can move faster where medical circumstances require it, and slower where the testator wants time to reflect on substitute-beneficiary choices.
Do I have to travel to Spain to sign?
Yes, for a testamento abierto the testator must sign before a Spanish notary in person. However the notary can be anywhere in Spain — we arrange an appointment near your Spanish home or wherever you happen to be during your next trip.
Can I draft a Spanish will if I am not resident in Spain?
Yes. Non-residents who own Spanish assets routinely draft Spanish wills. The Brussels IV election works for non-residents exactly as it does for residents.
Does the Spanish will replace my UK or US will?
No, and we draft it specifically so that it doesn't. The scope clause confines the Spanish will to Spanish assets and preserves your home-country will. The two wills run in parallel, each handling its own jurisdiction.
What if I already have a Spanish will that I want replaced?
We draft a new one. On registration with Madrid, the new will automatically supersedes the old. The notary handles the substitution at signing; you leave with the current, valid document.
Do both spouses need separate wills?
Yes. Spanish law does not recognise joint wills. We draft individual wills for each spouse and cross-reference them so that the two wills mirror each other. This is what we mean by "mirror wills."
Can I name someone other than a family member as my beneficiary?
Yes, provided Brussels IV is elected. Under a Brussels IV election to English, Scots, Irish or US state law, you have testamentary freedom to leave your Spanish estate to anyone you wish. Without the election, Spanish forced heirship rules restrict that freedom.
Do I need to list every asset in the will?
No. Most wills use a general instruction of heirs over the residuary Spanish estate, without listing specific assets. Specific legacies are used only where a particular asset is to go to a particular person outside the residue. This keeps the will valid even if your assets change before death.
What happens if I buy more Spanish property after signing?
The will is framed to cover your Spanish estate in general, so newly acquired Spanish assets pass under the same residuary clause. You do not need to redraft. However, for major acquisitions — a second property, a business — we recommend reviewing to check the substitute-beneficiary logic still fits.
What if my circumstances change — marriage, divorce, new children?
You revise the will. We draft a superseding will, you sign it at the notary, and the new document overwrites the old on the Madrid register. Marriage, divorce, the birth of a child, or a material change in assets are all events that should trigger a review.
Is my Spanish will valid if I move back to the UK?
Yes, provided you still own Spanish assets. If you dispose of all Spanish assets before death, the Spanish will becomes inert but not invalid. The Brussels IV election continues to apply to any Spanish estate that remains.
Can I draft a Spanish will if I am terminally ill?
Yes. We prioritise drafting on medical grounds where needed. In urgent cases, a notary can attend the client rather than the client attending the notary, and we can compress the drafting and review phases to a few days.
What about tax planning — does the will reduce inheritance tax?
Not directly, but good drafting allows your family to claim every regional and relational relief to which they are entitled. Poor drafting can disqualify reliefs by misstating residence, misidentifying family relationships, or failing to structure the inheritance correctly. Proper drafting is worth its cost several times over in tax relief alone.
Do you store the original will?
The original is held in the notary's protocol. You receive a certified copy (copia autorizada). The registration with Madrid means that after death, any Spanish notary can locate the will instantly — so even if the certified copy is lost, the will is never lost.
How much does it cost?
We quote a fixed fee after the initial call, once we understand the scope. For a standard single will the cost is modest; mirror wills are priced as a pair; complex estates are priced bespoke. Notary fees are separate and set by Spanish tariff. We always confirm the full total before work starts.

Ready to get it drafted?

Book a 45-minute call and you'll leave with a clear scope, a fixed quote, and a timetable to signing.