Spanish Wills vs UK and US Wills: Key Differences Every Expat Should Know

The mistake UK and US owners make in Spain is assuming their home will quietly covers their Spanish property — it doesn’t always. Unless your will elects your national law under Brussels IV, Spanish forced-heirship rules can override your wishes, and your heirs face apostille, sworn translation and a slower probate.

Why Expats Should Care About Wills in Spain

CostaLuz’s bilingual lawyers prepare Spanish wills with the Brussels IV choice-of-law election and coordinate them with your UK or US will — so your Spanish assets pass under the law you choose, not the forced-heirship default, and your heirs avoid the slower apostille-and-translation route.

Quick Answer: A UK will stays valid in Spain, but unless it elects your national law under EU Regulation 650/2012 (Brussels IV), Spanish forced-heirship rules can apply to your Spanish assets — and heirs still face apostille, sworn translation and a slower probate. A Spanish will covering only your Spanish assets, with the choice-of-law election, is the usual fix.

Important: Spanish succession follows two distinct paths depending on whether the deceased left a valid will (testate) or not (intestate). The intestate path requires a Declaration of Intestate Heirs (Declaración de Herederos Abintestato) — a step not needed when a will exists. Learn more about the succession process →

If you are a British or American citizen living in Spain — or you own property here — it’s crucial to understand how Spanish wills differ from UK and US wills. Many expats believe their home country’s will is enough, but in practice, this can create legal complications, delays, and unnecessary costs for heirs.

Here’s a clear comparison to help you decide whether you need a Spanish will.

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1. Applicable Law and Freedom to Distribute Assets

Spain

• Spanish inheritance law imposes forced heirship rules. Children and/or spouse are entitled to a reserved share (legítima).
• Only part of your estate can be freely disposed of.
• Thanks to the EU Succession Regulation (650/2012), expats can choose their national law in their Spanish will (e.g. UK or US law), allowing greater freedom.

United Kingdom

• Broad freedom of testation: you can leave assets to whomever you want.
• No compulsory shares for children, though courts can intervene in cases of unfair exclusion.

United States

• Rules vary by State, but generally there is wide testamentary freedom.
• Spouses may be entitled to a statutory share, but children usually have no automatic rights.
• Probate courts play a central role in administering estates.

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2. Formal Requirements

Spain

• The most common form is the open notarial will, signed before a notary.
• It is officially registered, which avoids loss or disputes.

United Kingdom

• A will is valid if signed in writing by the testator in front of two witnesses.
• No central registry is mandatory, though one exists voluntarily.

United States

• Formalities depend on the State.
• Typically requires witnesses, sometimes notarization.
• Some States recognise holographic wills (handwritten and signed by the testator).

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3. Probate and Administration

Spain

• With a notarial will, heirs can settle the estate relatively quickly.
• Without a will, heirs must obtain a formal declaration of heirs, which is slower and more expensive.

United Kingdom

• Probate is required to validate and execute the will.
• The process often takes months (sometimes years if international assets are involved).

United States

• Probate is also the standard process unless assets are placed in a trust.
• Can be lengthy and costly depending on the estate and the State.

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4. Inheritance Taxes

Spain

• Spanish Inheritance Tax applies, with rates and allowances varying by region (Comunidad Autónoma).
• Proper planning can reduce tax significantly.

United Kingdom

• Inheritance Tax is charged at 40% above the threshold (£325,000).
• Exemptions for spouses and family home may apply.

United States

• Federal Estate Tax: 40% on estates above $13.61M (2024 threshold).
• Some States also impose additional estate or inheritance taxes.

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Conclusion: Do Expats Need a Spanish Will?

Yes. Even if you already have a UK or US will, making a Spanish will is highly recommended if you own property or assets in Spain. It:

• Simplifies the inheritance process in Spain.
• Allows you to apply your national law (avoiding forced heirship if desired).
• Prevents conflicts between different legal systems.
• Saves time, stress, and money for your heirs.

Practical tip: The safest solution is to have two wills — one in your home country covering worldwide assets, and a Spanish will covering only your Spanish assets. It is essential that both wills are properly harmonised so that one does not unintentionally revoke or contradict the other. This ensures clarity and avoids jurisdictional disputes.

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Need Help With Your Will in Spain?

We can draft a Spanish will tailored to your situation or review your existing wills — in Spain and abroad — to ensure they are harmonised, legally sound and complete.

Contact us today to schedule a consultation and protect your assets and your loved ones.

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