Fast answer
A Spanish notarial will can be coordinated with an English will to cover assets in Spain while keeping the wider estate plan governed by English law.
In this case, the client used EU Regulation 650/2012 to elect English law for succession of Spanish assets, reducing conflict risk and improving cross-border clarity.
Case summary
- Client: British national, domiciled in England
- Situation: Spanish property + existing English universal will
- Goal: one coherent estate plan across jurisdictions, without overlapping wills
- Solution: Spain-only Spanish will + English law election under EU 650/2012 + coordination language to prevent conflict
- Result: cleaner administration in Spain and reduced risk of contradictory dispositions
The client profile
- Nationality: British
- Domicile: England
- Existing estate plan: English universal will (plus letter of wishes / intent)
- Assets in Spain: real estate and related Spanish assets requiring local succession execution
The legal issue (why a separate Spanish will matters)
A will executed in England is not always operationally sufficient for Spanish assets. In practice, friction appears when:
Understanding the Two Paths of Spanish Succession
The succession process in Spain follows one of two distinct paths, depending on whether the deceased left a valid will. It is essential to understand which applies, as the steps and documentation differ significantly.
If There Is a Spanish Will (Testate Succession)
- Obtain the death certificate (Certificado de Defuncion)
- Request the Certificate of Last Will (Certificado de Ultimas Voluntades) — this confirms whether a will was registered, NOT who the heirs are
- Obtain an authorised copy of the will from the notary who held it
- The will identifies the heirs and the distribution of assets
- All heirs sign the Acceptance and Adjudication deed before a Spanish notary
- Pay Inheritance Tax (Impuesto de Sucesiones) within 6 months
- Register the property transfer at the Land Registry
If There Is No Will (Intestate Succession)
- Obtain the death certificate
- Request the Certificate of Last Will — this will confirm that NO will was registered
- Obtain a Declaration of Intestate Heirs (Declaracion de Herederos Abintestato) — a notarial act that legally determines who the heirs are
- All declared heirs sign the Acceptance and Adjudication deed
- Pay Inheritance Tax within 6 months
- Register the property transfer at the Land Registry
Note: The applicable law may vary depending on the deceased’s nationality and habitual residence under EU Regulation 650/2012 (Brussels IV). Each case requires individual assessment.
- Spanish notarial and registry procedures require a Spanish-facing instrument
- cross-border succession introduces translation, apostille, proof-of-law and interpretation steps
- two wills overlap on the same assets without clear territorial scope
The challenge
The client needed to:
1) ensure Spanish assets follow the intended succession framework
2) avoid overlap between the English will and Spanish will
3) reduce risk of disputes and administrative delays in Spain
4) keep a coherent spouse-and-children structure
The Spanish will (core structure)
1) Territorial scope (Spain only)
The Spanish will was drafted to apply exclusively to assets located in Spain, keeping non-Spanish assets under the English will.
2) Choice of law under EU Regulation 650/2012
Under EU Regulation 650/2012, the client elected English law to govern succession of the Spanish assets covered by the Spanish will.
3) Anti-conflict drafting (revocation limited to Spain)
The Spanish will included coordination wording so that:
- it revokes prior dispositions only insofar as they relate to Spanish assets, and
- it preserves the validity and scope of the English will for all other assets
4) Heir and substitution logic
The Spanish will named the spouse as primary heir for Spanish assets, with children as substitute heirs if the spouse could not inherit.
Coordination step on the English side (practical recommendation)
To prevent overlap, we recommended adding coordination language in the English will (often via codicil where appropriate) to clarify that Spanish assets are governed by the Spanish will.
This is not required in every case, but it can materially reduce cross-document conflict risk.
Outcome
The estate plan achieved:
- a clearly defined Spain-only will for Spanish assets
- a consistent governing law approach for Spanish succession
- reduced overlap risk between the English will and Spanish will
- improved administrative clarity for notarial and registry steps in Spain
Common cross-border risks this structure reduces
- two wills unintentionally covering the same assets
- uncertainty about governing law for Spanish succession
- delays caused by unclear document scope
- disputes arising from contradictory dispositions
- administrative friction where Spanish institutions require clear Spanish-facing documentation
Related guides
- Legal Documents hub
- Spanish Will for International Families
- Lasting Power of Attorney in Spain
- Prenuptial Agreements in Spain
FAQ
Not always, but many clients with assets in Spain use a Spanish notarial will to reduce administrative friction and avoid ambiguity.
In many cases, British nationals can elect their national law under EU Regulation 650/2012, subject to correct drafting and the client’s circumstances.
It depends on drafting. Coordination language can limit revocation so the Spanish will applies only to Spanish assets while preserving the English will elsewhere.
It reduces conflict risk and improves clarity, but execution still depends on asset structure, correct documentation, and jurisdictional factors.
Allowing two wills to overlap on the same assets without clear territorial scope and coordination language.
Professional notice
This case study is provided for general information and does not constitute legal advice. Cross-border estate planning depends on domicile, nationality, family structure, asset location, and the wording of each document. Professional review is recommended before executing any notarial deed.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
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This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
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