Spanish Wills Explained: Practical Guide for International Residents
Planning what happens to your assets after you pass away is important—especially when you live abroad. In Spain, a valid will ensures your money, property, and possessions go to the people and causes you care about. While making a will is not legally required, it is highly recommended for anyone living in Spain, regardless of nationality.
Why a Will Matters in Spain
If you die without a valid will, Spanish intestacy laws may determine how your assets are distributed. This could mean your estate does not go to the people you intend. A will ensures your wishes are followed and can simplify the legal process for your loved ones.
Do You Need a Spanish Will If You Don’t Own Property in Spain?
Many immigrants assume they don’t need a Spanish will if they don’t own property in the country. While not mandatory, it is often advisable because:
- Spanish bank accounts: Even a small local bank account can cause complications for beneficiaries. Spanish banks may freeze accounts upon death, and funds cannot be accessed until probate is completed.
- Residency status: If you live in Spain for more than six months a year, you are considered a Spanish resident. Spanish law may apply to your estate unless you make a specific choice in your will.
Important Considerations for Foreign Residents
1. Savings and Joint Accounts
Without a Spanish will, even a surviving spouse or partner may face delays in accessing joint funds. Probate in Spain can be lengthy and expensive. A Spanish will can make asset transfers smoother and faster.
2. Residency and Applicable Law
Spain applies the law of your habitual residence at the time of death unless you have formally chosen to apply your national law. Under EU Regulation 650/2012, you can specify in your will that your home country’s law governs your estate. This applies not only to EU citizens but also to nationals of countries like the U.S., UK, Canada, or Australia.
Why this matters:
Spanish inheritance law enforces forced heirship (legítima), which requires that part of your estate goes to certain heirs (e.g., children). Choosing your home country’s law often gives you greater freedom in distributing your assets—but this choice must be clearly stated in a Spanish will.
3. Coordinating Multiple Wills
If you already have a will in your home country and wish to create a Spanish will, consult a lawyer experienced in cross-border estate planning. Without proper coordination, one will could unintentionally revoke the other.
How to Make a Will in Spain
There are three main types of wills:
- Open Will (Testamento Abierto): The most common. You declare your wishes before a notary, who drafts the will and registers it.
- Closed Will (Testamento Cerrado): You hand a sealed document to the notary. Rarely used.
- Holographic Will (Testamento Ológrafo): Entirely handwritten, dated, and signed by you. This requires court authentication after death, which can complicate matters.
Step-by-Step for an Open Will
- Prepare Your Wishes: Decide how you want to distribute your assets, considering forced heirship rules if Spanish law applies.
- Visit a Notary: Bring your passport/NIE and asset details. The notary drafts and explains the will.
- Sign the Will: You sign it in front of the notary.
- Registration: The notary sends a record to the General Registry of Wills in Madrid, ensuring your will can be located after death.
Cost: Usually €40–€80, depending on complexity.
Get Professional Support – It’s Essential
Cross-border inheritance is complex. Writing a Spanish will without proper guidance can lead to unintended consequences, tax burdens, or even invalidation. Professional advice is always the best approach.
- A lawyer qualified in both Spain and your home country can ensure your Spanish will works alongside your existing will.
- Professional services provided by our Ambassadors and Trusted Partners, can guide you through the process and avoid costly mistakes.
In Conclusion
While not obligatory, a Spanish will can:
- Avoid delays in asset transfers (including bank accounts)
- Prevent conflicts with Spain’s forced heirship rules
- Specify which country’s law should govern your estate
- Protect your loved ones from unnecessary stress and expense
Whether you are from the U.S., UK, or any other country, making a Spanish will—backed by expert legal advice—is a practical and wise step to secure your legacy and simplify matters for those you leave behind.
If you have any further questions, please do not hesitate to contact us on our Infoline. Call us on +34 932 20 97 41 or email us at info@ageinspain.org
- Avoid delays in asset transfers (including bank accounts)
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