Wills in Spain: Complete Guide for Foreigners & Expats

How to protect your loved ones and your Spanish assets with a clear, tax-efficient will.

If you own a home or other assets in Spain, having a clear and well-drafted will is one of the greatest gifts you can leave your family.

Many foreigners believe that their “home country” will is enough. Others postpone the decision because they find cross-border inheritance too complex or emotionally heavy. Unfortunately, this often leads to delays, higher costs and family stress at the worst possible time.

This guide is designed to give you a calm, complete overview of how wills in Spain work for foreigners and expats, and what you can do – step by step – to put your affairs in order.

At CostaLuz Lawyers, we have been helping international families in Spain for over 20 years. We combine clear explanations, human support and solid legal and tax expertise so that you and your loved ones feel protected, not overwhelmed.

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1. Why having a Spanish will matters if you own assets in Spain

If you are a foreign national who owns property or other assets in Spain, a Spanish will is strongly recommended, whether or not you are tax resident here.

Without a Spanish will:

• Your heirs may face longer procedures and more bureaucracy.
• There can be discrepancies between countries, especially if your home country and Spain follow different inheritance systems.
• Banks, the Land Registry and tax authorities may demand extra documents, translations and legalisations.
• Your family might not be able to access funds quickly when they most need them.

With a Spanish will properly coordinated with your home country will:

• The procedure is simpler, faster and cheaper for your heirs.
• You reduce the risk of conflicts between different legal systems.
• You can plan for tax efficiency and avoid unnecessary inheritance tax.
• You offer your partner and children clarity and peace of mind.

Think of your will as a map you leave behind so your loved ones can follow it in difficult days, instead of having to guess what you would have wanted.

Talk to us
Not sure if your current will is valid in Spain?
Click here to request a review of your existing wills (home country and Spain) and to put in place a Spanish will that is fully harmonised with your home-country will, so everything works together smoothly.

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2. How wills work in Spain: basics you should know

Who typically needs a Spanish will?

You should strongly consider a Spanish will if you:

• Own property in Spain (house, apartment, land, rural property).
• Have Spanish bank accounts, investments or a Spanish company.
• Live in Spain (or plan to) and have children or other dependants.
• Want to ensure your unmarried partner or second spouse is protected.

Both residents and non-residents can make a will in Spain. The key is to ensure it is drafted correctly in light of your nationality, residence and family situation.

Spanish wills vs. wills in your home country

You can have:

• A home country will, dealing with assets there, and
• A Spanish will, dealing with assets located in Spain.

This is often the most practical and efficient structure, provided that the two wills are coordinated so that:

• One will does not unintentionally revoke the other.
• The wording is consistent about which law applies to your estate.
• Both reflect the same overall wishes.

If you only have a home country will, it might still be recognised in Spain, but the process can be slower and more complex – especially for heirs who do not speak Spanish and are not familiar with Spanish bureaucracy.

Types of wills in Spain

The main types you will hear about are:

• Open will (testamento abierto)
  • Signed before a Spanish notary.
  • The notary keeps a copy and the will is registered in a central registry.
  • This is the standard and recommended type for foreign nationals.
• Closed or holographic wills
  • Handwritten or sealed documents with special formalities.
  • They are much less practical for international cases and can be easily challenged or invalidated.

For foreigners and expats, we almost always recommend an open will, ideally bilingual (Spanish + English), signed before a notary after a proper legal and tax review.

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3. Which law applies: Spanish law or your national law?

One of the most important questions for foreigners is:

“Will my estate follow Spanish inheritance rules or the rules of my own country?”

The answer depends largely on the EU Succession Regulation (also known as Brussels IV) and the choices you make in your will.

The EU Succession Regulation in simple terms

The Regulation applies to most cross-border estates in the EU (with some exceptions, such as the UK not being a signatory, but still affected in practice).

In very simple terms:

• As a general rule, the law of the country of your habitual residence at the time of death will govern your succession.
• However, you can choose the law of your nationality (or one of your nationalities, if you have more than one) in your will. This is called a choice of law.

For example:

• A British national living in Spain can choose English law to govern their estate, even if they are resident in Spain.
• A German national living in Spain can choose German law.
• A non-EU national (e.g. US, Canadian) can usually choose the law of their nationality as well.

This choice can be very important if your national law and Spanish law are very different.

Forced heirship and “legítima” in Spain

Spain has rules known as “legítima”, a form of forced heirship. In many cases, a proportion of your estate must go to specific heirs (typically children), and you cannot freely leave everything to, for example, your spouse or partner.

Some foreign nationals are surprised to discover that, under Spanish law:

• Children may have a mandatory share of the inheritance, and
• Your freedom to distribute assets as you wish could be more limited than under your home system.

By making a clear choice of law in your will (where allowed), you may:

• Increase your freedom to decide who receives what.
• Avoid family disputes over whether Spanish forced-heirship rules apply.
• Give greater protection to a spouse or long-term partner, especially in blended families.

Each case must be analysed carefully, as there are nuances depending on nationality, residence, and type of assets.

Need clarity?
Ask us to review which law would currently apply to your estate and whether a choice of law in your will would benefit your family.

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4. How to make a Spanish will – step by step

Making a will in Spain does not need to be complicated. Here is how the process usually works when we assist foreign clients.

1. Collecting your information

We start with a clear picture of your life and assets. Typically we ask you about:

• Personal details: nationality, marital status, previous marriages, children (including from previous relationships), stepchildren, dependants with special needs.
• Family situation: where your children live, whether you support anyone financially, and any special family dynamics to consider.
• Assets in Spain: property, bank accounts, investments, business interests, vehicles, valuable personal items.
• Assets abroad (at least in outline): to ensure coordination with your home country will and for tax / planning purposes.
• Your wishes: who should inherit what, how to protect your spouse or partner, specific gifts or legacies, charitable intentions, guardianship for minor children, etc.

2. Legal and tax review

Next, a Spanish wills and inheritance lawyer reviews:

• Which law currently applies to your succession and whether a choice of your national law is advisable.
• How Spanish inheritance tax (and sometimes other taxes such as municipal plusvalía) would affect your heirs.
• The impact of your decisions on:
  • Your spouse or partner, especially if unmarried or in a civil partnership.
  • Children from different relationships.
  • Heirs who are non-residents in Spain.

We may suggest structures such as:

• Usufruct and bare ownership (e.g. spouse has right to use the property during life, children own it ultimately).
• Division of assets to balance tax burdens between different heirs.
• Coordinating with lifetime gifts or other estate planning tools.

3. Drafting and translation

We then prepare a draft will:

• In Spanish (the legally binding version) and
• In English (or another language, if needed) so that you can read and understand every clause.

We walk you through:

• The overall structure.
• The specific wording about applicable law, heirs and legacies.
• Any protector, executor or administrator roles you wish to include.

At this stage, you can ask all your questions and request adjustments until you feel fully comfortable with the document.

4. Signing before a Spanish notary

The will must be signed in front of a Spanish notary public:

1. We arrange the appointment and send the final text to the notary.
2. At the appointment, the notary reads the will in Spanish. Your lawyer can summarise or clarify in English in real time.
3. You sign the will.
4. The notary keeps an original copy and registers its existence in the Central Registry of Wills in Spain.

You will receive an authorised copy (or copies) and/or a notarised simple copy for your records.

5. Storing and sharing your will

It is important to:

• Keep your copies in a safe but accessible place.
• Inform your spouse, children or trusted person that a Spanish will exists, and ideally where you signed it.
• Coordinate with your home country lawyer, if you have another will there, to ensure they are fully compatible.

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5. Inheritance tax in Spain: what your heirs should expect

A will does not eliminate inheritance tax, but it can help you plan to reduce the burden on your heirs and avoid unpleasant surprises.

National rules and regional differences

Spain has a state inheritance tax framework, but each region (Comunidad Autónoma) can introduce important reductions, allowances and bonuses.

This means two estates of a similar value can face very different tax bills depending on:

• Where the deceased was resident.
• Where the assets are located.
• Where the heirs are resident.

Some regions are relatively generous for close relatives (spouses and children), while others can be more demanding.

Residents vs. non-residents

Historically, non-residents faced worse treatment, but European law has pushed Spain to give certain equal treatment in many situations.

Key factors include:

• Whether the deceased was resident in Spain or abroad.
• Whether the heir is resident or non-resident in Spain.
• Where the main assets are located.

Because of these variables, personalised calculation is essential. We often simulate different scenarios (e.g. leaving a property entirely to the spouse vs. splitting between spouse and children) to identify more tax-efficient options.

Strategies to reduce tax burden

Typical strategies may include:

• Distributing assets between several heirs instead of concentrating everything on one person.
• Considering lifetime gifts in certain regions and situations (with careful planning).
• Using usufruct / bare ownership combinations.
• Being aware of local allowances and planning residency accordingly.

Note: Tax rules and regional benefits change over time. Always seek updated advice before making decisions based on tax.

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6. Special situations for international families in Spain

Many of our clients share similar questions. Here are some of the most common special situations.

Unmarried couples and partners

If you are not married and not registered as a civil partnership where recognised:

• Your partner may have very limited automatic rights under Spanish law.
• Without a clear will, they might inherit nothing, even after many years together.

A well-drafted will can:

• Leave your partner a share of your estate or rights over the family home.
• Combine usufruct for your partner with bare ownership for your children.
• Coordinate with other arrangements, such as civil partnership registration where available.

Second marriages and blended families

If you have:

• Children from a previous relationship, and
• A current spouse or partner,

the risk of conflict can be higher.

With careful planning, your will can:

• Protect your spouse/partner so they are not left insecure.
• Ensure children from previous relationships receive a fair share.
• Reduce the chances of disputes between step-siblings.

UK citizens with property in Spain

For British nationals:

• Even though the UK is not part of the EU Succession Regulation, its rules still affect how English or Scottish law interacts with Spanish estates.
• Many UK clients choose English / Scottish law to apply to their estate in their Spanish will, for greater freedom and consistency.
• Coordination with UK probate is essential so that assets in both countries can be administered smoothly.

US, Canadian, Irish, Scandinavian and other nationals

Non-EU nationals are increasingly buying homes and retiring in Spain. Each country has its own inheritance rules and tax systems.

Key points:

• You can often choose the law of your nationality to govern your estate.
• Your Spanish will should be coordinated with any will you have in your home country.
• It is vital to consider both Spanish and home country tax implications where relevant.

If you would like a country-specific mini-guide (e.g. “Wills in Spain for US citizens”), please mention your nationality when you contact us.

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7. What happens when someone with assets in Spain dies?

This is a difficult moment for families, especially when they live abroad. Understanding the basic steps helps reduce stress.

Main steps for heirs

When someone dies owning assets in Spain, the family or executor generally needs to:

1. Obtain the death certificate, and if death occurred abroad, an apostilled and translated version may be needed.
2. Request the Certificate of Last Wills in Spain to confirm whether the person made a Spanish will, and before which notary.
3. Obtain an authorised copy of the Spanish will, if there is one.
4. Gather details of assets and debts in Spain: property, bank accounts, mortgages, loans, etc.
5. Prepare and sign the Deed of Acceptance of Inheritance before a Spanish notary.
6. Pay inheritance tax within the legal deadline, and other taxes if applicable (e.g. plusvalía municipal on properties).
7. Register changes in ownership at the Land Registry, and inform banks, utility companies and other institutions.

With a clear Spanish will, these steps are usually more direct and less costly.

Common problems if there is no Spanish will

Families may face:

• Delays while foreign wills are located, translated and legalised.
• Doubts about which law applies and who the heirs are.
• Extra notarial and legal steps to prove rights to inherit.
• Complications with banks and registries who are not familiar with foreign documents.

In moments of grief, these complexities can be very heavy. A Spanish will is a way of easing that burden in advance.

If you are dealing with a recent death involving Spanish assets, we can guide you or your executors step by step through the probate and tax process, largely online.

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8. Frequently asked questions about wills in Spain

Do I really need a Spanish will if I already have one in my home country?
It is not always strictly mandatory, but in most cases it is highly advisable. A Spanish will usually makes the process faster, simpler and cheaper for your heirs, and reduces the risk of conflicts between different legal systems.

Is my English (or foreign) will valid in Spain?
It may be recognised, but additional formalities (translations, apostilles, legal opinions) are often required. Having a dedicated Spanish will for assets located in Spain tends to be more practical.

Can I leave everything to my spouse or partner in Spain?
This depends on which law applies to your estate. Under Spanish law, forced-heirship rules may limit this. If you choose your national law in your will (where possible), you may have more freedom. A personalised review is essential.

How much does it cost to make a Spanish will?
Costs are typically reasonable compared to the value of the assets involved. There are two main components:

• Legal advice and drafting (lawyer’s fees).
• Notarial fees for signing the will.
  We can provide a clear quote once we know your situation.

Can I change or revoke my Spanish will?
Yes. You can revoke or modify your will at any time by making a new one. Usually, the most recent will replaces previous ones, but it should be drafted carefully to avoid unintended consequences.

What happens if I die without a will in Spain?
Your estate will be distributed according to the law that applies by default (often your habitual residence or sometimes national law, depending on circumstances). The process may be slower and more complex, and your assets might not go where you would have preferred.

Do my heirs need to come to Spain to inherit?
Not always. With proper powers of attorney and representation, many formalities can be handled by a lawyer in Spain on their behalf. However, each case should be assessed individually.

How long does Spanish probate take?
This varies depending on the complexity of the estate, the readiness of documents and the cooperation of all heirs. Simple cases with a clear Spanish will can sometimes be resolved in a few months; more complex, cross-border estates may take longer.

How is inheritance tax calculated for non-residents?
It depends on the location of assets, the relationship between deceased and heirs, and the relevant regional rules. Non-residents can often benefit from similar allowances to residents, but each case requires an up-to-date analysis.

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9. Why work with CostaLuz Lawyers for your Spanish will?

Choosing who will help you with your will is a very personal decision. At CostaLuz Lawyers, we focus on clarity, humanity and long-term protection.

With us, you benefit from:

• Over 20 years assisting foreign and expat families in Spain.
• A bilingual team who understands both Spanish law and your home country concerns.
• Integrated advice on residency, visas, tax and inheritance, so your will fits into your wider life plan.
• The possibility of online consultations and remote preparation of your will, with support at the notary when needed.
• A genuinely human approach: we don’t just draft documents; we help you think about what will make life easier for your loved ones.

“Knowing that our wills are in order in Spain has given us huge peace of mind. CostaLuz explained everything so clearly – we felt taken care of from start to finish.”
— J. & M., retired couple, Costa del Sol

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10. Ready to plan your Spanish will?

Planning your will is not about being morbid – it is about kindness and responsibility towards the people you care about.

You can take your next step in whichever way feels easiest:

• Just starting to explore? Contact us by email with any questions you may have and we will reply within 24–48 hours at the latest.
  
• Ready for personalised advice? Fill in the form below and we will get back to you within 24–48 hours.

You can read testimonials from hundreds of satisfied clients, going back to 2006, on our website, on Google Reviews and on EyeonSpain.

For a complete overview of wills and inheritance in Spain, see our Spanish Wills & Testament Guide 2026.