If you’re a foreigner living in Spain or owning assets here, having a Spanish will is one of the smartest legal steps you can take. Without one, your estate could face delays, confusion, and unexpected tax burdens.
This article explains why a Spanish will matters, what it should include, and how it helps your loved ones avoid legal complications.
⚖️ Why You Need a Spanish Will
-
📍 Spanish property and bank accounts must be dealt with under Spanish procedures
-
🧑⚖️ Even with a foreign will, Spain may still require a local probate process
-
🕒 Avoid delays, extra paperwork, and court intervention
-
🌍 Specify that your national inheritance law applies (EU Regulation 650/2012)
🧾 What Should a Spanish Will Include?
-
🪪 Full identification of you and your heirs
-
📜 Explicit statement of applicable law (e.g., your home country’s law)
-
🏠 Clear list of Spanish assets (property, accounts, investments)
-
🖋️ Sign before a Spanish notary, often with a translator present
🚫 Common Mistakes to Avoid
-
❌ Relying solely on a will from your home country
-
❌ Not updating your will after buying Spanish property
-
❌ Forgetting to name a legal heir (not always assumed)
-
❌ Omitting the applicable law clause — this can result in forced heirship being applied even if you don’t intend it
📌 Do I Need a Will in Both Countries?
Yes — it’s often best to have:
-
✍️ A Spanish will for assets in Spain
-
🗂️ A home-country will for assets elsewhere
They should be coordinated to avoid legal conflicts or duplications.
🛡️ How Borderless Lawyers Can Help
-
Drafting Spanish wills in line with EU and local law
-
Coordinating with notaries and translators
-
Advising on tax-efficient inheritance planning
-
Reviewing existing foreign wills for compatibility
📌 Summary: Spanish Wills for Foreigners
| Key Point | What You Need to Know |
|---|---|
| Why It Matters | Simplifies inheritance of Spanish assets |
| Applicable Law Clause | Prevents unwanted use of Spanish forced heirship |
| Validity Requirements | Must be signed before a Spanish notary |
| Home + Spanish Will? | Yes, both should be aligned |
📞 Contact Borderless Lawyers Today
Don’t leave your Spanish assets in legal limbo. Borderless Lawyers can draft a solid, bilingual Spanish will that protects your wishes and simplifies the process for your heirs.