How to Contest a Will in Spain – Legal Guide for Foreigners

Disagreeing with a will is never easy — especially if you’re a foreign heir unfamiliar with Spain’s legal system. Whether you suspect fraud, manipulation, or your rights as a forced heir have been ignored, you may have legal grounds to contest a will in Spain.

This guide outlines the process, legal grounds, and how foreign heirs can defend their interests.


⚠️ Legal Grounds to Contest a Will in Spain

You can challenge a Spanish will if:

  • 🧠 Lack of mental capacity at the time the will was signed

  • 🖊️ Improper formalities (e.g. not signed before a notary)

  • 🫥 Undue influence or coercion

  • ⚖️ Violation of forced heirship rights (legítima)


🏛️ Who Can Contest a Will?

  • Heirs who were excluded or unfairly treated

  • Spouses or children denied their rightful share

  • Relatives or beneficiaries with prior claims under earlier wills

Foreigners can contest a Spanish will if:
✅ The deceased left assets in Spain
✅ The inheritance is governed by Spanish law or involves Spanish courts


🧮 Legal Procedure to Contest a Will

  1. 📑 Collect evidence (medical records, prior wills, legal documents)

  2. 🧾 File a lawsuit in the civil courts (Juzgados de Primera Instancia)

  3. 🧑‍⚖️ Attend hearings, present witness testimony if applicable

  4. 🏁 Await judicial ruling to annul, modify, or uphold the will

⏱️ Legal time limit to contest a will: typically 4 years from discovery of cause (e.g. fraud).


🌍 International Aspects for Foreigners

  • 📝 A will made under foreign law may still conflict with Spanish procedures

  • 🏠 If the property is in Spain, the Spanish courts will usually have jurisdiction

  • 📜 Not all foreign wills are automatically valid — recognition may be required


🛡️ How Borderless Lawyers Can Help

  • Analyze the will and its validity

  • Confirm applicable law (Spanish or foreign)

  • Represent you in court to contest or defend a will

  • Coordinate document translations and notarizations


📌 Summary: Contesting a Will in Spain

Topic Key Details
Legal Grounds Fraud, incapacity, forced heirship violations
Who Can Contest Heirs, spouses, children, excluded beneficiaries
Jurisdiction Spanish courts handle wills involving Spanish assets
Time Limit 4 years from discovery of issue

📞 Contact Borderless Lawyers Today

If you need to challenge a will in Spain or defend your inheritance rights, Borderless Lawyers can guide you through the legal process with confidence and care. Reach out today to protect what’s rightfully yours.

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