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This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
Quick Answer
If you own property or significant assets in Spain but live abroad, making a Spanish máximo 1.200€+IVA (testamento individual) o 900€+IVA por persona (pareja)-300 at a notary, takes about an hour, and can save your heirs 6-12 months of probate delays and thousands in legal fees.
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Why Non-Residents Need a Separate Spanish Will
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A will made in your home country (UK, US, Germany, etc.) is technically valid in Spain under EU Succession Regulation 650/2012. However, using a foreign will for Spanish assets creates major practical problems:
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.
- The original will must be apostilled and sworn-translated — adding significant cost and weeks of delay
- Spanish notaries are unfamiliar with foreign will formats — they may request additional documentation or refuse to proceed without legal opinion
- UK/US wills often appoint executors — Spain does not have the executor system; the role must be adapted to Spanish law
- Bank account access can be blocked for months while the foreign will is validated
A Spanish will that specifically covers your Spanish assets eliminates all of these issues. It works alongside your home-country will — one covers Spain, the other covers everything else.
What Should a Spanish Will for Non-Residents Include?
A properly drafted Spanish will for a non-resident should contain:
- A choice of law clause — stating that the law of your nationality (e.g., English law, US state law) governs your succession. This is essential to avoid Spanish forced heirship rules
- Specific identification of Spanish assets — property (with Land Registry reference), bank accounts, vehicles, investments held in Spain
- Exclusion clause — confirming this will covers ONLY Spanish assets and does not revoke your home-country will
- Heir designations — who inherits what, with substitute heirs in case a named heir predeceases you
- Usufruct provisions (if relevant) — especially for couples who want the surviving spouse to use the property for life before it passes to children
For detailed guidance on structuring your will for cross-border situations, see our Spanish Will for international families.
How to Make a Spanish Will as a Non-Resident
Step 1: Consult a Spanish Lawyer
Your lawyer will review your family situation, assets, and existing home-country will to draft a Spanish will that is coordinated and conflict-free.
Step 2: Sign Before a Spanish Notary
Spanish wills must be signed before a notary. If you are in Spain, this can be done during a property purchase trip. If you cannot travel, some firms can arrange signing at a Spanish consulate (though this is less common for wills).
Step 3: The Notary Registers the Will
The notary sends notice to the Central Wills Registry (Registro General de Actos de Última Voluntad). This is how your heirs will later locate the will after your death.
Costs of a Spanish Will
| Item | Cost |
|---|---|
| Legal advice and will drafting | EUR 150-250 |
| Notary fee | EUR 50-80 |
| Interpreter (if required) | EUR 50-100 |
| Total | EUR 150-300 (without interpreter) |
Need personalised advice? Book a consultation or message us on WhatsApp.
Choice of Law: Why It Matters for Non-Residents
Under EU Regulation 650/2012, the default rule is that Spanish succession law applies to anyone who dies habitually resident in Spain. But non-residents can choose the law of their nationality in their will.
This is critical because:
- Spanish forced heirship (legítima) reserves two-thirds of the estate for children and spouse. If you want full testamentary freedom (as under English or most US state law), you must include a choice of law clause
- UK nationals can choose English, Scottish, or Northern Irish law
- US nationals can choose the law of their state of nationality
- EU nationals can choose the law of any EU member state of which they are a national
Frequently Asked Questions
Do I need to come to Spain to make a Spanish will?
Ideally yes — wills are most easily signed before a Spanish notary during a visit. However, your lawyer can prepare everything in advance so the notary appointment takes only about 30-45 minutes.
What happens if I die without a Spanish will?
Your heirs will need to use your foreign will (apostilled and translated) or, if you died intestate, Spanish law will determine who inherits. This adds months of delay and thousands in costs. See our Spanish probate and succession guide for what the process looks like.
Can I update my Spanish will later?
Yes. You can make a new Spanish will at any time, which automatically revokes the previous one. It is good practice to review your Spanish will whenever your family circumstances change (marriage, divorce, birth of children, purchase of additional properties).
Does a Spanish will cover my UK pension or investments?
A Spanish will should only cover assets located in Spain. Pensions, investments, and property in other countries should be governed by your home-country will or separate estate planning arrangements.
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See also: Is a Spanish Will Valid in the UK? Cross-Border Estate Planning Explained
For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.
Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.
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.
Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.
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