If you own a home or other assets in Spain, a Spanish will is one of the most effective ways to make the inheritance simpler for your family and to make sure your wishes are properly documented.
A Spanish will is a legally binding document that sets out how your assets in Spain will be distributed after your death. It does not replace the will in your home country, but it helps your heirs avoid unnecessary delays and administrative complications here.
Why do you need a Spanish will?
Many of my clients from the United States and the United Kingdom own a home, bank accounts or investments in Spain. Signing a Spanish will before a Spanish notary makes the administration of those assets much more efficient for your family.
A Spanish will helps to:
- simplify the inheritance procedure in Spain;
- reduce delays for your heirs;
- clearly identify your beneficiaries and what each one receives;
- make sure your Spanish assets are dealt with under the applicable law.
Which law applies to your inheritance?
Spanish inheritance law protects certain close relatives, who may have a legal right to part of the estate. Many foreign owners worry about this.
Since 2015, the European Succession Regulation allows you to choose, in your will, the law of your nationality to govern your succession. For a US or UK citizen, this choice can make a significant difference to how your estate is distributed. Each family situation is different, so this is one of the points I review with you in detail.
How I help you with your Spanish will
I advise both residents and non-residents who own assets in Spain. I will:
- review your personal and family circumstances;
- draft your Spanish will in accordance with Spanish law;
- arrange the appointment with the Spanish notary;
- explain everything clearly in English;
- help you update it whenever your circumstances change.
Legal requirements for a Spanish will
To be valid under Spanish law, the person making the will must:
- have the legal capacity to make a will;
- act freely and without undue influence;
- express their wishes clearly;
- sign the will before a Spanish notary, in the most common form of will.
Beneficiaries and assets
In your Spanish will, you name your beneficiaries and decide how your Spanish assets are distributed. It may include:
- real estate;
- bank accounts;
- investments;
- personal belongings;
- specific gifts to individuals or charities.
Updating your Spanish will
A Spanish will can be changed or replaced at any time. The most recent valid will is the one that takes effect. I recommend reviewing it whenever there is a significant change in your personal, family or financial circumstances.
A Spanish will after buying your home
For many of my clients, the Spanish will is the natural last step after buying their home in Spain. Read more in Buying a property in Spain: what foreign buyers need to know and about my work as a real estate lawyer in Seville.
If you own property in Spain and would like advice on your Spanish will, request a private consultation.
This article contains general information and does not replace personalised legal advice.
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