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Making a Will in Spain

Making a Will in Spain When you purchase a property in Spain, it's important that you also have a Spanish Will.

You can get in contact with a Spanish lawyer who will be able to talk you through the process and help to arrange one.

Key things you need to know about making a Spanish Will

For peace of mind, making a Will in Spain is essential. Most lawyers will advise that you have two separate Wills - one in Spain for your Spanish assets (lodged at the Wills Registry in Madrid) and one in your own country for any assets you have there. 

Care needs to be taken to ensure that the terms of one Will don't revoke the other, and you'll need the help of lawyer who specialises in probate matters to do this. 

In Spain, Spanish law defines who you're allowed to leave your assets to. However, as a foreigner, you are able to leave your assets to whoever you would like. To ensure this, a term in your Will must state that the personal law of your country allows for free disposition of property left by testament - you can speak to your lawyer about including this.

As with all elements of the property purchase, we recommend that you enlist a qualified Spanish-speaking lawyer to guide you through the process of making your Spanish Will.

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FAQs: Making a Will in Spain

How do I make a will in Spain as a foreign property owner?

To make a will in Spain, you should consult a local lawyer who specializes in expat or property law. The will must be drafted in Spanish and notarized. It can coexist with your UK will and specifically cover assets located in Spain.

Do I need a separate Spanish will for my property in Spain?

Yes, it’s highly recommended to have a separate Spanish will to cover your assets in Spain. This simplifies the inheritance process and avoids legal conflicts between jurisdictions.

What is the cost of making a will in Spain?

The cost of making a will in Spain generally ranges from €200 to €400, depending on the lawyer and region. This includes drafting, translation (if needed), and notarization fees.

Is a UK will valid for property in Spain?

While a UK will can be valid in Spain, it often causes delays and legal complications. A Spanish will is more straightforward and ensures local legal procedures are followed correctly.

Can I choose UK inheritance laws for my Spanish property?

Yes, under EU Regulation 650/2012, UK nationals can opt for the law of their nationality to apply. This must be explicitly stated in your Spanish will.

Are there English-speaking lawyers in Spain who can help with wills?

Yes, there are many English-speaking lawyers in popular expat areas like Lanzarote, Alicante, and the Costa del Sol who can help you draft a Spanish will for your property.

What happens if I die without a will in Spain?

If you die without a will in Spain, Spanish intestacy laws apply. This may not reflect your wishes, especially regarding property inheritance, and can delay the legal process.

Does having a will in Spain affect selling property in Spain later on?

No, making a Spanish will doesn’t affect your ability to sell property in Spain. It simply ensures that, in the event of your death, your assets are distributed according to your wishes.

Making a Will in Spain Download our guide