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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.
Why a UK Will Is Not Enough for Spain
Many British expats assume their UK will covers their Spanish property and assets. Technically, under Spanish law, a foreign will can be recognised in Spain — but the practical reality is far more complicated and expensive than most people realise.
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.
To use a UK will in Spain, your beneficiaries would need to:
- Obtain a grant of probate in the UK
- Have the will and probate translated by a sworn translator
- Apostille all documents via the UK Foreign Office
- Present everything to a Spanish notary for recognition
- Navigate Spanish probate procedures in parallel
This process typically takes 12-18 months and costs significantly more than having a properly drafted Spanish will in place from the outset.
| Factor | Spanish Will | UK Will Only |
|---|---|---|
| Probate timeline | 2-4 months | 12-18 months |
| Cost to beneficiaries | €1,500-€3,000 | €5,000-€15,000+ |
| Central Registry | ✅ Registered and searchable | ❌ Not registered in Spain |
| Apostille required | ❌ No | ✅ Yes — all documents |
| Sworn translation | ❌ Already in Spanish | ✅ Full translation required |
| Forced heirship risk | Addressed with proper drafting | May be applied by default |
| Drafting cost | máximo 1.200€+IVA (testamento individual) o 900€+IVA por persona (pareja) |
EU Succession Regulation and British Nationals
Since Brexit, British nationals are no longer automatically covered by EU Regulation 650/2012 (Brussels IV). However, this regulation still applies within Spain. The key provision allows you to choose the law of your nationality to govern your succession — meaning British nationals can opt for English or Scottish law rather than Spanish law.
This is critically important because Spanish law includes forced heirship (legítima) rules that require a portion of the estate to pass to children, regardless of the testator’s wishes. By expressly electing British law in your Spanish will, you can maintain full testamentary freedom.
What Should a Spanish Will Contain?
A properly drafted Spanish will for a foreign national should:
- Cover only Spanish assets (to avoid conflicting with your UK will)
- Include a clause electing the law of your nationality for succession
- Expressly revoke any prior Spanish wills but not your UK will
- Appoint an executor familiar with Spanish procedures
- Remember Spanish law does not allow a married couple to make one joint will together — see why each spouse needs a separate Spanish will
- Address any usufruct (life interest) arrangements for a surviving spouse
- Be signed before a Spanish notary and registered centrally
How Much Does a Spanish Will Cost?
A straightforward Spanish máximo 1.200€+IVA (testamento individual) o 900€+IVA por persona (pareja), including notary fees. This is a small investment compared with the thousands your beneficiaries would spend navigating Spanish probate with only a UK will.
Frequently Asked Questions
Does my Spanish will replace my UK will?
No. Your Spanish will should cover only your Spanish assets. Your UK will continues to cover your UK and other worldwide assets. The two wills work in parallel, and a properly drafted Spanish will includes a clause expressly preserving your UK will.
What happens if I die without a Spanish will?
Your beneficiaries must go through intestacy rules — either Spanish or British depending on the circumstances — which involves significantly more time, expense, and legal complexity. Spanish intestacy rules may distribute assets differently from your wishes.
Can I avoid forced heirship in Spain?
Yes. By including a professio juris clause in your Spanish will electing British law, you can choose English or Scottish succession law, which does not include forced heirship provisions.
How often should I update my Spanish will?
Review your Spanish will whenever there is a significant life change — marriage, divorce, birth of children, acquisition or sale of Spanish property, or changes in tax law that affect your estate planning.
Protect your family — arrange your Spanish will today:
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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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