🇪🇸 Living in Spain or Owning Property? You Need to Plan Ahead
If you’re a foreigner living in Spain or own assets here — like a home, bank account, or business — you’ve likely wondered:
“Do I need a Spanish will, or is my foreign will enough?”
The short answer: you can use a foreign will, but having a Spanish will is strongly recommended if you want to avoid legal delays, disputes, or forced heirship problems.
⚖️ Spanish vs Foreign Will – Key Differences
| Feature | Foreign Will | Spanish Will |
|---|---|---|
| Valid in Spain? | ✅ Yes (with conditions) | ✅ Yes (automatic) |
| Must be translated? | ✅ Yes | ❌ No |
| Must be apostilled/legalized? | ✅ Usually | ❌ No |
| Inheritance handled faster? | ❌ No – delays common | ✅ Yes – streamlined process |
| Enforces chosen law? | ❌ Not always | ✅ Yes – clearer declaration possible |
📜 Can Foreigners Use a Foreign Will in Spain?
Yes, but with some important caveats:
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It must be translated into Spanish by a sworn translator
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It must be legalized or apostilled
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It may be subject to forced heirship laws under Spanish civil code unless you explicitly state which country’s law applies
💡 Without a clear clause choosing your national law, Spanish law may override your wishes — especially if you are resident in Spain at the time of death.
🇪🇸 Why Draft a Spanish Will as a Foreigner?
✔️ Recognized immediately by Spanish notaries and registries
✔️ Avoids delays and complications in inheritance processing
✔️ Can coexist with a will in your home country
✔️ Allows you to choose the law of your nationality (under EU Regulation 650/2012)
✔️ Easier and cheaper for heirs to execute
✔️ Can be updated quickly if circumstances change
🏛️ How Are Wills Executed in Spain?
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Locate the will (check Spain’s Wills Registry – Registro de Últimas Voluntades)
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Obtain death certificate and certificate of last will
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Go to a notary for declaration of heirs
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Execute the inheritance deed (escritura de aceptación)
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Pay inheritance tax (Modelo 650)
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Register assets in heirs’ names
🔁 This process is much faster with a Spanish will already on file.
⚠️ Forced Heirship: What If You Don’t Plan Ahead?
If you:
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Die without a will
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Have a will that doesn’t clearly choose your national law
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Are considered tax resident in Spain
Then Spanish forced heirship rules may apply:
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Children must receive at least two-thirds of the estate
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Spouses receive a life interest in one-third, not full ownership
This may override your intentions, especially in blended families or cross-border estates.
📍 Does a Spanish Will Replace My Foreign One?
No — you can have both, as long as:
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They are not contradictory
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The Spanish will explicitly refers only to assets located in Spain
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Your lawyer reviews both wills for consistency
✅ Best Practice for Expats & Property Owners
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Draft a separate Spanish will for assets located in Spain
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Include a choice of law clause (your nationality’s law)
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Have your Spanish will signed before a notary
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Register the will with the Spanish Wills Registry
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Make sure your heirs know where it’s stored
⚖️ How We Help
Our legal team:
✅ Drafts Spanish wills that align with your intentions
✅ Ensures compatibility with your foreign will
✅ Registers your will with the official registry
✅ Protects your heirs from disputes, delays, or tax issues
✅ Explains all options clearly in English, French, German, or Dutch
📞 Protect Your Spanish Assets with a Legally Binding Will
Avoid legal conflicts, delays, or surprises. Our English-speaking lawyers make it easy for expats to draft a valid Spanish will — fully compliant and tailored to your needs.
👉 Contact us now to draft your Spanish will with peace of mind.