Spanish Wills: Requirements, Types, and Why Every Foreign Property Owner Needs One

Fast Answer: Any foreigner owning property or assets in Spain should make a Spanish will. At CostaLuz Lawyers, a single will is capped at €1,500 + VAT; couples pay €900 + VAT per person. This modest one-off cost dramatically simplifies probate for your heirs. Without one, settling your Spanish estate can take 12–24 months.

Why Foreigners Need a Spanish Will

If you own property, hold bank accounts, or have any assets in Spain, a Spanish will is not optional — it is essential. Here is why:

• Speed: With a Spanish will, probate on Spanish assets can be completed in 2–4 months. Without one, it can take 12–24 months.
• Cost: Processing a foreign will through the Spanish system requires apostille, sworn translation, and often court proceedings — costing significantly more.
• Control: A properly drafted Spanish will includes a choice of law clause under EU Regulation 650/2012, letting you choose which country’s succession law applies.

See our guide on why making a will in Spain is worth it.

Types of Wills in Spain

1. Open Notarial Will (Testamento Abierto Notarial)

This is the standard and recommended type. You declare your wishes before a Spanish notary, who drafts and registers the will. Advantages:

• Legally robust — very difficult to challenge
• Registered automatically with the Central Wills Registry
• Can be executed in English with a sworn interpreter present

2. Closed Will (Testamento Cerrado)

The testator writes the will privately and delivers it sealed to a notary. Rarely used due to practical complications.

3. Holographic Will (Testamento Ológrafo)

A handwritten will, signed and dated by the testator. Valid in Spain but must be validated by a court after death (adveración judicial), which adds time and cost. Not recommended for foreign nationals.

What Your Spanish Will Should Include

1. Scope clause: State that this will covers ONLY your Spanish assets (to avoid accidentally revoking your home-country will)
2. Choice of law: Specify which country’s succession law you choose under EU Regulation 650/2012
3. Asset inventory: List the Spanish property (with Land Registry reference), bank accounts, vehicles, and other assets
4. Beneficiary designations: Name your heirs clearly with full identification details
5. Executor appointment: While not strictly required in Spain (heirs can act directly), naming an executor or albacea can streamline the process
6. Substitute heirs: Name backup beneficiaries in case a named heir predeceases you

The Process: Step by Step

1. Consultation: Meet with a lawyer to discuss your family situation, assets, and wishes
2. Drafting: Your lawyer prepares the will in Spanish (with English translation for your records)
3. Notary appointment: Attend the notary with your passport, NIE, and a sworn interpreter if needed
4. Signing: The notary reads the will aloud, you confirm your wishes, and sign
5. Registration: The notary registers the will with the Central Wills Registry (Registro de Actos de Última Voluntad)

Forced Heirship: The Key Risk

If you do not make a choice of law in your will, Spanish forced heirship rules may apply. Under Spanish law:

• Two-thirds of your estate is reserved for your children (the legítima and mejora)
• Your spouse has a right to a life interest (usufructo) but not outright ownership
• You can only freely dispose of one-third of your estate

UK and US nationals can avoid this by choosing their national law. This choice must be explicitly stated in the will.

Coordinating with Your Home-Country Will

The most common mistake is having two wills that accidentally cancel each other out. Critical rules:

• Your Spanish will should never contain a general revocation clause
• Your home-country will should explicitly exclude Spanish assets
• Both wills should reference each other
• Review both wills whenever you acquire or sell assets in either country

For international families, coordinated estate planning is essential.

Frequently Asked Questions

How much does a Spanish will cost?

The cost of a notarial will depends on the complexity of your estate and personal circumstances. It is a modest investment compared to the significant costs your heirs would face processing a foreign will in Spain. Contact us for a personalised quote.

Can I make a Spanish will without going to Spain?

Technically no — Spanish notarial wills must be executed before a Spanish notary. However, you can attend via video link at certain notaries (pilot programmes exist), or grant a specific power of attorney to your lawyer for this purpose.

Does my Spanish will need to be in Spanish?

Yes, the official version must be in Spanish. However, a bilingual version can be prepared, and a sworn interpreter attends the signing to ensure you understand every clause.

Can I change my Spanish will?

Yes. You can revoke or modify your Spanish will at any time by making a new one. The new will automatically supersedes the old one once registered.

What happens to joint property when one owner dies?

In Spain, each owner’s share passes according to their will (or intestacy rules). If a married couple owns property 50/50, the deceased’s half goes through the succession process. This is where the wills guide for foreigners and expats becomes essential reading. Note that Spanish law does not let a married couple make one joint will together — see why each spouse needs a separate Spanish will.

Need personalised advice? Book a consultation or message us on WhatsApp Email Us: marialuisa@costaluzlawyers.es

We respond within 24 hours

.

For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.

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.