Spanish Wills for Foreigners: How to Write One That Works

If you’re a foreigner with property, bank accounts, or investments in Spain, having a Spanish will is one of the most important legal steps you can take.

It’s not just about planning for the future — it’s about avoiding legal confusion, protecting your loved ones, and ensuring your wishes are honored.

In this article, we’ll explain exactly how foreigners can create a valid Spanish will, why it’s essential even if you have a will back home, and how to navigate the cross-border inheritance rules.

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🏠 Why You Need a Spanish Will as a Foreigner

If you own assets in Spain (like property, shares, or bank accounts), Spanish inheritance procedures apply — even if you’re not a resident.

Without a valid Spanish will:

• Spanish law applies by default, including forced heirship rules

• The process becomes more expensive, time-consuming, and stressful

• Non-Spanish wills can be delayed, challenged, or misinterpreted

✅ A Spanish will simplifies estate administration and reduces the risk of future disputes.

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⚖️ Can I Use My Will From My Home Country?

Yes, but with caveats.

• A foreign will must be apostilled, translated, and go through international probate

• Spanish notaries and land registrars may delay or reject foreign documents

• You may accidentally trigger Spanish forced heirship laws

💡 To avoid this, it’s best to write a separate Spanish will covering your assets in Spain — coordinated with your home country will.

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✍️ How to Draft a Valid Will in Spain

To be legally recognized, your will must:

1. Be signed before a Spanish notary public

2. Clearly state that it covers Spanish assets only

3. Include a declaration of applicable law (e.g., your nationality)

4. Be registered with the Spanish Central Wills Registry (Registro de Últimas Voluntades)

This process ensures your will is easy to locate and enforce after death.

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🌍 Choosing the Law of Your Nationality (Avoiding Forced Heirship)

Spain follows the EU Succession Regulation (Brussels IV), which allows EU residents (and non-EU citizens) to choose the law of their nationality to govern their estate.

If you do not include this choice in your will:

❌ Spanish forced heirship will apply
✅ With it, you can freely distribute your estate

Include this clause explicitly:

“This will is governed by the national law of [your country], in accordance with Article 22 of EU Regulation 650/2012.”

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💡 Best Practices for Foreign Wills in Spain

• Write a separate will for your Spanish assets

• Use a bilingual format (Spanish + your native language)

• Ensure it doesn’t revoke your home-country will

• Appoint a trusted executor

• Plan for inheritance tax implications

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📜 Types of Spanish Wills

1. Open Will (Testamento Abierto):

   • Most common

   • Signed before a notary

   • Registered and easy to enforce

2. Holographic Will:

   • Handwritten and signed by the testator

   • Must be validated by a judge

   • Risky and often contested

3. Closed Will (Testamento Cerrado):

   • Secret document presented in a sealed envelope to a notary

   • Rarely used today

For foreigners, the open will is strongly recommended.

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🧾 Spanish Will vs. Foreign Will: Key Differences

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👩‍⚖️ How Borderless Lawyers Can Help

Our team assists foreigners in:

• Drafting and notarizing valid Spanish wills

• Declaring the correct applicable law

• Coordinating cross-border estate plans

• Ensuring no conflict with existing foreign wills

• Guiding heirs through the inheritance process