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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.

Making a Will in Spain

If you pass away intestate then any assets in Spain will be taxed at the full rate. So, making a Will is essential. Indeed, it makes sense to have a Will in Spain for your Spanish assets (lodged at the Wills Registry in Madrid) and a Will in the UK for your UK assets.

However, care must be taken to ensure that the terms of one Will do not revoke the other Will and this requires the attention of a lawyer specialising in probate matters. Spanish law defines to whom you must leave your assets. However, as a foreigner, you can leave your assets to whomsoever you wish. To ensure this, a term in your Will must state that the personal law of your country (the UK) allows for free disposition of property left by testament. 

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.