Coordinating Your Spanish Will With Your Home-Country Will: A 2026 Guide for Foreign Residents

If you are a foreign resident in Spain — or you own a holiday home here while living abroad — one of the most common questions we hear is simple: “I already have a will in my home country. Do I really need a Spanish one too?” In the great majority of cases the answer is yes. A Spanish will, properly coordinated with your home-country will, is the single most effective step you can take to spare your family months of expense, paperwork and uncertainty after you are gone.

The word that matters is coordinated. Two wills drafted in isolation — one in London or New York, one in front of a Spanish notario — can contradict or even cancel each other. This guide explains why coordination matters, what Brussels IV (the EU Succession Regulation) lets you do in 2026, how the rules differ by nationality, and the mistakes we see most often.

What Happens If You Don’t Coordinate Your Wills

Having a will in each country is not the same as having two wills that work together. When they are not coordinated, four problems tend to appear.

1. Accidental revocation of your other will

Most wills contain a standard clause that says something like “I revoke all former wills and testamentary dispositions made by me.” It is boilerplate in the UK, the US and many other countries. If your new Spanish will contains that clause, it can wipe out your home-country will — and vice versa. Suddenly the document you spent years getting right no longer exists. A properly drafted Spanish will is limited to your Spanish assets and expressly preserves your foreign will.

2. Long delays for your heirs

If there is no Spanish will, your heirs must take your foreign will, have it officially translated by a sworn translator, legalised with an apostille, and recognised through the Spanish system before they can touch a single Spanish asset. This routinely adds months — sometimes well over a year — during which the property cannot be sold and accounts may be frozen.

3. Extra cost for the people you leave behind

Sworn translations, apostilles, foreign-law certificates and international probate coordination all cost money — and your heirs pay it at the worst possible time. A Spanish will executed before a notario removes most of that burden because the document is already in the right language, form and registry.

4. Double taxation if nothing is planned

Spain levies inheritance tax (Impuesto sobre Sucesiones y Donaciones) on assets located in Spain, and your home country may tax the same estate. Without planning, the same assets can be taxed twice. Coordinating your wills is the moment to map out reliefs, the regional allowances in Andalucía, and any double-tax treaty before it is too late to act.

Brussels IV: The Rule That Changes Everything

Brussels IV is the everyday name for EU Regulation 650/2012, the European Succession Regulation. It has applied since 17 August 2015 and remains fully in force in 2026. It governs which country’s succession law applies when someone dies owning assets across borders.

The default rule (Article 21) is that your estate is governed by the law of the country where you were habitually resident at the time of death. So a British or American national who has made Spain their home would, by default, have Spanish succession law applied to their worldwide estate — including Spain’s forced heirship rules (the legítima), which reserve a large share of your estate for your children regardless of what your will says.

The crucial escape valve is Article 22: you may choose the law of your nationality to govern your entire succession instead. A British national can elect English (or Scottish, or Northern Irish) law; a German national can elect German law. That single clause — properly worded in your Spanish will — can be the difference between freely leaving your estate to your spouse and being bound by the legítima.

What about the UK after Brexit?

This is the question we are asked most. The United Kingdom never adopted Brussels IV (it opted out before Brexit), and it is no longer an EU member state. But that does not stop a British national from using Article 22. Brussels IV has “universal application”: Spain, which is bound by it, must honour a valid choice of the law of your nationality even when that nationality is non-EU. In practice, a British national resident in Spain can still include a clause electing the law of England and Wales (or Scotland, or Northern Ireland) to govern their succession, and the Spanish authorities will apply it.

And the US, Canada and other non-EU countries?

The same logic applies. Brussels IV’s universal application means a US, Canadian, South African or other non-EU national resident in Spain can elect the law of their nationality. The wrinkle is that countries like the US and Canada do not have a single national succession law — it is set at state or provincial level. The election therefore points to, say, the law of Florida or the law of Ontario, and that interaction needs careful drafting so the choice is valid and unambiguous.

How It Works by Nationality

The principle is the same for everyone: your Spanish will manages your Spanish assets; your home-country will manages everything else. The details, though, vary by country.

United Kingdom

UK nationals enjoy testamentary freedom at home and can preserve it in Spain by electing the law of their UK jurisdiction under Article 22. Two coordinated wills — a Spanish will for the Spanish property and a UK will for UK assets — stop English probate being dragged into the Spanish process. Note that UK inheritance tax and Spanish succession tax are assessed separately, so both must be planned for.

United States

US citizens can elect the law of their home state to govern their Spanish succession. Two extra issues matter: probate (US estates often pass through court-supervised probate, which Spain does not use), and US living trusts, which Spanish law does not recognise as such. A Spanish will keeps the Spanish property outside US probate entirely, and the trust position needs specific advice. Federal estate-tax thresholds are high, but the Spanish tax on the Spanish asset still applies.

Canada

Canada sets succession law at provincial level, so a Canadian national elects the law of their province (Ontario, British Columbia, and so on). Canada has no federal inheritance tax but applies a “deemed disposition” capital-gains charge on death, while Spain charges succession tax on the Spanish asset — two different systems that should be reconciled in advance.

Germany, the Netherlands and Belgium

These are EU member states fully inside Brussels IV, and all three have their own forced heirship traditions. A German, Dutch or Belgian national resident in Spain can elect their national law under Article 22 — but because that national law also reserves shares for close family, the election is about choosing which forced-heirship regime applies, not escaping it. The planning question becomes which system best fits your family and assets.

Scandinavia, France and Ireland

Sweden, Norway, Denmark, France and Ireland each have distinct rules. Denmark and Ireland opted out of Brussels IV, but — as with the UK — Spain still honours a nationality election by their citizens because of the Regulation’s universal application. Norway is outside the EU, yet the same principle holds in Spain. The practical takeaway is identical: a coordinated Spanish will with the right Article 22 clause keeps the Spanish estate clean.

Middle East, South Africa, Hong Kong and elsewhere

For nationals of countries with no special relationship to the EU, the logic does not change. Spain applies Brussels IV to anyone who dies owning Spanish assets, and the universal-application rule means a valid election of your national (or state) law will be respected. Your Spanish will handles the Spanish property; the will in your home jurisdiction handles the rest. The drafting simply has to respect both legal systems so neither undermines the other.

The Most Common Mistakes We See

• Believing one “worldwide” will covers everything. A single global will can be administered, but in Spain it must be translated, apostilled and recognised first — the very delay and cost a Spanish will avoids.
• Not telling the Spanish notario about the foreign will. If the notario does not know a foreign will exists, the Spanish will may be drafted with a blanket revocation clause that cancels it.
• Not updating after moving to Spain. Becoming habitually resident in Spain changes the default succession law that applies to you. A will written before the move may no longer do what you intended.
• Not coordinating with your home-country lawyer. The two wills must be reviewed together. Coordination is precisely the step that stops them contradicting each other.

How CostaLuz Lawyers Helps

We have spent two decades helping foreign residents and property owners across southern Spain put their affairs in order. For international estate planning we typically:

• Review your existing wills — Spanish and foreign — to check they do not revoke or contradict each other.
• Coordinate with your home-country lawyer so both documents pull in the same direction.
• Draft your Spanish will before a notario, with the correct Article 22 choice-of-law clause for your nationality.
• Plan the whole succession, including Spanish inheritance tax and the regional allowances available in Andalucía.

We work bilingually in English and Spanish, and we explain every step in plain language. Our role is to make sure that, when the time comes, your family inherits what you intended — without avoidable delay, cost or conflict.

Frequently Asked Questions

Do I need a Spanish will if I already have one in the UK?

In most cases, yes. If you own property or other assets in Spain, a Spanish will lets your heirs deal with them quickly and avoids forcing your UK will through translation, apostille and recognition. It is the simplest way to protect your family from months of delay.

Can my UK will cover my Spanish property after Brexit?

It can, but it is rarely the best route. Your UK will would have to be translated by a sworn translator, apostilled and recognised in Spain before your heirs can act, which adds cost and months of delay. A coordinated Spanish will avoids that.

What happens if I die in Spain without a Spanish will?

Your heirs must bring your foreign will through the Spanish system with sworn translations and an apostille before they can deal with Spanish assets. By default, Spanish succession law, including forced heirship, may apply to your worldwide estate unless you elected your national law. The process is slower and more expensive than with a Spanish will in place.

What is Brussels IV and how does it affect my Spanish estate?

Brussels IV (EU Regulation 650/2012) decides which country’s law governs a cross-border succession. By default it applies the law of your country of habitual residence, but Article 22 lets you choose the law of your nationality instead. Including that choice in your Spanish will is often essential.

Can US citizens choose US law for their Spanish estate?

Yes. Because Brussels IV has universal application, Spain will honour a US citizen’s election of the law of their home state, even though the US is outside the EU. The clause must name the correct state and be drafted to avoid conflicts with probate and trust structures.

Does making a Spanish will cancel my UK, US or other foreign will?

Only if it is drafted carelessly. A standard ‘I revoke all former wills’ clause can cancel your foreign will, which is why coordination matters. A properly drafted Spanish will is limited to your Spanish assets and expressly preserves your foreign will.

How do I coordinate a Spanish will with my home-country will?

Both wills should be reviewed together, ideally by lawyers in each country, so they cover separate assets and neither revokes the other. Your Spanish will manages your Spanish assets and your home will manages the rest. Telling your Spanish notario that a foreign will exists is essential.

What are the risks of having only one worldwide will?

A single worldwide will can work, but in Spain it must be translated, apostilled and recognised before your heirs can deal with Spanish assets. That adds delay and cost at a difficult time. It also risks the wrong succession law applying if no Article 22 choice was made.

Do I need a Spanish will if I own property in Spain but don’t live there?

Yes. Owning Spanish assets is what matters, not residence. A Spanish will lets your heirs administer the Spanish property without channelling your foreign will through the Spanish system, so non-residents benefit from coordination just as much as residents.

How does CostaLuz Lawyers help with international estate planning?

We review your existing wills, coordinate with your home-country lawyer, draft your Spanish will with the right Article 22 clause, and plan your Spanish inheritance tax position. We work bilingually in English and Spanish and explain each step in plain language.

Source

EU Regulation 650/2012 (Brussels IV), the European Succession Regulation — official consolidated text on EUR-Lex.

How do I coordinate a Spanish will with my foreign will?

In short: Coordinate the two wills so each covers only the assets in its own country and neither accidentally revokes the other. A Spanish will should state expressly that it deals only with your Spanish assets and leaves any foreign will intact, ideally choosing your national law under EU Regulation 650/2012.

Own property near Sotogrande? If your property is in Sotogrande, Alcaidesa, San Roque or the wider Campo de Gibraltar, see our dedicated guide: Legal services for Sotogrande property owners.

Free seminar — 23 July 2026. We cover the Gibraltar Treaty, non-resident wealth-tax refunds and wills for foreign owners, in plain English. Register for the Sotogrande seminar.

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