Can a UK Couple Make a Joint Spanish Will for Their Jointly Owned Property?

A UK couple who jointly own a Spanish property often assume they can make one Spanish will together, the way they might at home. Under the general Spanish Civil Code, they cannot.

The general rule: Article 669 of the Civil Code

Article 669 of the Spanish Civil Code prohibits two or more people from making a joint will, or from executing the same will together, whether the intention is to benefit each other or to benefit third parties. A Spanish will is treated as a strictly individual, freely revocable act — and a joint document, where one person’s wishes are bound up with another’s, does not fit that structure.

This is a real, practical difference from the UK, where mirror wills and, in some cases, mutual wills between spouses are a normal part of estate planning.

Regional exceptions exist — but are the exception, not the rule

Spain is not fully uniform on this point. Several autonomous communities have their own regional (foral) civil law traditions — including Aragón, Navarra, Galicia, the Basque Country, and Catalonia — that do permit joint or mutual wills (testamento mancomunado) under their own regional rules. A UK couple who happen to hold Spanish civil-law status tied to one of those regions could, in principle, benefit from that exception. For property owned in Andalucía and most of the rest of Spain, however, the general Civil Code prohibition applies, and no such exception is available.

What a UK couple should actually do

The practical solution is straightforward: each spouse makes their own individual Spanish will, addressing their share of the jointly owned property. There is no reason the two wills cannot be prepared together, in the same appointment, with deliberately coordinated or mirrored terms — they simply need to exist as two separate legal documents rather than one joint one.

Skipping this step because “we already have a joint UK will” is a common and avoidable mistake. A UK will can be recognised as covering Spanish assets in some circumstances, but relying on it alone, rather than making a dedicated Spanish will for each spouse, tends to slow down and complicate the succession process for the surviving partner.

Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es to arrange coordinated individual Spanish wills for you and your spouse.

Frequently Asked Questions

Can my spouse and I make one joint Spanish will together?

Not under the general Spanish Civil Code. Article 669 prohibits two people from making a joint will, or from executing the same will together, even where the purpose is to benefit each other.

Why doesn’t Spain allow joint wills, when the UK does?

Spanish civil law treats a will as a strictly individual, revocable act by one person. A joint or mutual will, common in UK practice for married couples, conflicts with that principle because it ties one testator’s wishes to another’s within a single document.

Are there parts of Spain where joint wills are allowed?

Yes — several autonomous communities with their own regional civil law (including Aragón, Navarra, Galicia and the Basque Country, and under Catalan civil law) permit joint or mutual wills (testamento mancomunado) within their own legal traditions. This is the exception, not the general rule.

Does this apply if we already have a joint UK will covering our Spanish property?

A UK joint will is not automatically effective for Spanish assets in the way a Spanish will is, and a UK couple with property under the general Civil Code regime (most of Spain, including Andalucía) should still expect to make separate individual Spanish wills.

What should a UK couple with Spanish property do instead?

Each spouse makes their own individual Spanish will. The two documents can be prepared together, in the same appointment, with coordinated (mirrored) provisions — they simply cannot be combined into a single joint document under the general regime.