Spanish wills for foreigners are one of the simplest and most effective tools for protecting a family’s property in Spain, yet many international owners of homes in Mallorca rely only on a will made in their home country. When a death occurs, the difference becomes clear: a Spanish notarial will is immediately usable by the notary and the Land Registry, while a foreign will must be translated, legalised and often supplemented with evidence of foreign law. Raso Investments advises foreign clients on making a will that works in Spain and handles the probate process for heirs, whether they live in Spain or abroad.
This page explains which law governs the succession, why a Spanish will is advisable, and how an estate with Spanish assets is administered. Each family’s situation is different and is reviewed individually.
Which law governs the succession
Since 17 August 2015, Spain has applied the EU Succession Regulation (Regulation 650/2012). As a general rule, the whole succession is governed by the law of the country where the deceased was habitually resident at the time of death. However, a person may choose in their will that the law of their nationality applies instead. This choice is particularly relevant for foreign nationals who live in Spain, because it allows them to avoid Spanish forced heirship rules, which reserve a portion of the estate for children and, in some cases, other relatives.
The Regulation applies in Spain regardless of whether the deceased was a national of an EU country, so it is relevant for British, Swiss, American and other nationals as well. Where the choice of law is not made expressly, the outcome may depend on where the deceased is considered to have been habitually resident, which can be disputed in cross-border families.
Spanish wills for foreigners: why make one
- Speed. A Spanish notarial will is recorded in the General Register of Wills, and an authorised copy can be obtained from the notary without translation or legalisation.
- Clarity. It can include an express choice of law, clear identification of the Spanish assets and, if desired, the appointment of an executor.
- Coordination. It can be drafted to complement a will in another country, covering only Spanish assets without revoking the foreign will, provided both are carefully coordinated.
- Lower cost for the heirs. Avoiding the need to translate and prove a foreign will and foreign law reduces delays and expenses at a difficult time.
A Spanish will is signed before a notary. If the testator does not understand Spanish sufficiently, the notary requires a bilingual text or the presence of an interpreter. We prepare the draft in advance so that the testator understands every clause.
Probate in Spain: how an estate is administered
Spain does not have a court-supervised probate procedure comparable to that of common law countries. Instead, the heirs accept the inheritance and divide the assets, normally in a notarial deed. The main steps are:
- Obtaining the death certificate and the certificate from the General Register of Wills, which shows the last will made in Spain.
- Obtaining a copy of the Spanish will, or the foreign will with its translation, legalisation and, where needed, evidence of the foreign law or a European Certificate of Succession.
- Obtaining NIE numbers for the heirs.
- Valuing the assets and filing inheritance tax returns, and the municipal plusvalía return where urban property is inherited.
- Signing the deed of acceptance and allocation of the inheritance before a notary.
- Registering the property in the heirs’ names in the Land Registry and transferring bank accounts and other assets.
If there is no will, the heirs must first obtain a declaration of heirs under the applicable law. For heirs living abroad, the process can be completed through a power of attorney without travelling to Spain.
Tax aspects
The heirs must declare inheritance tax in Spain on Spanish assets, and residents of Spain also on assets located abroad. The rules applicable to non-residents and the regional reductions that may be available are explained on our page on inheritance and gift tax in Spain for foreigners. Inheritance tax must generally be declared within six months of death, a period that can be extended if requested in time. The amounts depend on each case and on the regulations in force; every case is reviewed individually.
Common mistakes
- Relying only on a foreign will, which delays the process and increases costs.
- Making a new will in another country that unintentionally revokes the Spanish will, or the other way round.
- Not making an express choice of law when the testator lives in Spain and wishes to avoid forced heirship.
- Missing the inheritance tax deadline while the estate is being dealt with abroad.
- Leaving property registered in the deceased’s name for years, which complicates any later sale.
How we work
For wills, we review your family situation, your assets and any existing wills abroad, prepare a bilingual draft and coordinate its signature before the notary. For estates, we obtain the documents, determine the applicable law, prepare the tax returns, coordinate the notarial deed and complete the registrations. Our page on estate planning describes our broader work on succession, and our page on private client services covers related matters.
Frequently asked questions
Is my foreign will valid in Spain?
In most cases it can be recognised if it is formally valid, but it must be legalised or apostilled and translated, and the heirs may need to evidence the content of the foreign law. A Spanish will avoids most of these steps.
Can I leave my Spanish property to whomever I wish?
It depends on the law governing your succession. If you choose the law of your nationality and that law does not provide forced heirship, you may have more freedom than under Spanish rules.
How long does the probate process take?
It depends on the availability of documents, the number of heirs and their location. A Spanish will and organised paperwork significantly shorten the process.
Do the heirs need to come to Spain?
No. They can grant powers of attorney in their country of residence so that the acceptance and registration are completed on their behalf.
Next steps
If you would like to make a Spanish will or need help with an inheritance in Spain, write to info@raso.law. Describe the situation and the property: the assets in Spain, your nationality and residence, any existing wills and, if applicable, the date of death and the heirs’ details. We will review your case individually and reply in writing.