Making a Spanish Will: A Practical Guide for Expats
If you own property, have bank accounts or hold other assets in Spain, making a Spanish will can make things easier for your family after your death.
A foreign will may also be valid in Spain, but using one can involve extra paperwork, certified translations and legal formalities. Your heirs will still need to deal with Spanish inheritance tax, which is generally due within six months of death. An extension may be available if requested within the required period.
Three important things to know
Spanish inheritance rules and the choice of law
Spanish inheritance law can restrict how you leave your estate. Under the common Spanish Civil Code, children and other descendants are generally entitled to a protected share. The exact rules depend on the law that applies, including regional civil law.
Under EU Succession Regulation 650/2012, you can generally choose the law of a country whose nationality you hold to govern your succession. This choice needs to be made correctly in your will. Without it, the law of your habitual residence at the time of death will generally apply, subject to the Regulation’s exceptions.
Ask a Spanish inheritance lawyer to check whether a choice-of-law clause is appropriate for your circumstances.
Make sure your wills work together
If you have a will in your home country as well as one in Spain, check that they do not accidentally revoke each other. Broad wording such as “I revoke all previous wills” can cause problems.
A lawyer can draft each will so that its intended scope is clear and the documents work together.
Each person should make their own will
Under Spain’s common Civil Code, two people cannot make a joint will in the same document. Some regions have different rules, so the position can depend on where the applicable law comes from. Married couples should get advice on how to coordinate their individual wills.
Types of Spanish wills
A Spanish notarial open will (testamento abierto) is a common choice for people living in Spain. The notary prepares and authorises the will, keeps the original and records its existence in the General Registry of Last Wills.
Other forms include:
Closed will (testamento cerrado): The contents are kept private, subject to formal legal requirements.
Handwritten will (testamento ológrafo): Written entirely by hand and signed by the person making it. Additional formalities are needed after death, so it may be less straightforward for heirs.
A notarial will is often the simplest option, but the best choice depends on your circumstances.
How to make a Spanish notarial will
A Spanish notarial open will (testamento abierto) is a common choice for people living in Spain. The notary prepares and authorises the will, keeps the original and records its existence in the General Registry of Last Wills.
Speak to a lawyer if needed. An English-speaking Spanish lawyer can explain inheritance rules and help with any choice-of-law clause.
Arrange an appointment with a notary. You can usually make a straightforward will directly with a notary, although legal advice may be useful if your circumstances are complex.
Bring your identification. Ask the notary what is required. This will usually include your passport and may include your NIE and details of your assets and intended beneficiaries.
Review and sign the will. The notary checks your identity, capacity and the formal requirements.
Keep a record of where it was made. The notary retains the original and registers the relevant details with the General Registry of Last Wills.
A straightforward notarial will is often relatively inexpensive, but the total cost depends on its complexity and whether you use a lawyer.
Important To Know: Inheritance law and tax can depend on your nationality, habitual residence, family circumstances and where the assets are located. Get advice from Spain Simplified before signing a will, particularly if you have assets in more than one country.